Administrative Decisions (Judicial Review) Act 1977 (Cth) is an Act of the Parliament of Australia, which created the ability to appeal the decision at the Federal Court of Australia for a person or other parties affected by most administrative decisions by an Australian federal department or agency.[2][3] Review of administrative decisions under the Act is limited to matters of law.[4]
| Administrative Decisions (Judicial Review) Act 1977 | |
|---|---|
 | |
| Parliament of Australia | |
| |
| Citation | No. 59 of 1977 or No. 59, 1977 as amended [1] |
| Territorial extent | States and territories of Australia |
| Royal assent | 16 June 1977[1] |
| Administered by | Attorney-General of Australia[1]Attorney-General of Australia |
| Status: In force | |
Legacy
editIn 1989, the then president of the New South Wales Court of Appeal Michael Kirby wrote that the Administrative Decisions (Judicial Review) Act and the Administrative Appeals Tribunal Act 1975 were "probably the most adventurous and far-reaching legal reforms" to have taken place in Australia.[5] In a 2011 seminar, the then President of the Administrative Appeals Tribunal Garry Downes wrote that, of the reforms of administrative law in the 1970s and 1980s, (including the establishment of the Federal Court, the Commonwealth Ombudsman, and the Administrative Appeals Tribunal) the Administrative Decisions (Judicial Review) Act was the most significant legislative work of the reform.[6]
References
edit- ^ a b c d "Administrative Decisions (Judicial Review) Act 1977". Federal Register of Legislation. Office of Parliamentary Counsel. 22 June 2022. Retrieved 15 October 2022.
- ^ "ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 - SCHEDULE 1 Classes of decisions that are not decisions to which this Act applies". Commonwealth Consolidated Acts. Australasian Legal Information Institute. Retrieved 15 October 2022.
- ^ Sykes 1997, p. 348.
- ^ "Overview of the Commonwealth System of Administrative Review". Administrative Review Council. Attorney-General for Australia. Retrieved 10 January 2016.
- ^ Sykes 1997, p. 347.
- ^ Garry Downes (24 March 2011). "Judicial Review - Seminar for the College of Law - Government & Administrative Law - Sydney - 24 March 2011". Administrative Appeals Tribunal. Retrieved 28 January 2016.
Bibliography
edit- Sykes, Edward Irving (1997). General Principles of Administrative Law (1997 ed.). Butterworths. ISBN 0409309869. Retrieved 10 January 2016.