VU21647 - Research the application of administrative law

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Application of Administrative Law
Name of Student
Institution Instructor
Date

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Question 5
5.1.
(1). Commonwealth Administrative Appeal Review Tribunal 1975
(2). Victoria Administrative Appeal Review Tribunal 1984.
The tribunals were established under the Administrative Appeals Tribunal Act 1975 and
Administrative Appeals Tribunal Act 1984 respectively.
5.2
Jack should apply for a merits review within the time indicated in the notice of rejection
from the department. The AAT reviews the decision and in doing such review, it has the
jurisdiction and power to; vary, affirm set aside or remit the decision back to be reconsidered by
the decision-maker.
In applying for review, Jack fills and lodges a form known as ‘Application for Review’
by paying the application fee. The application is lodged by post, online, by mail or in person.
The application fee payable is $1764 which is subject to reduction by 50% if the tribunal
believes that the fees paid is likely to cause financial hardship on the part of the applicant1. The
review is undertaken under the Migration Act 1958.
The AAT sends an acknowledgement to the applicant confirming receipt of the
application. The matter is the assigned to a member of the Tribunal who reviews all the
documents. The applicant is the invited to appear at the hearing. A decision may be given at the
end of the hearing or be sent to the applicant together with reasons for the decision.
5.3
1 Migration Act 1958

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Time of Appeal for Peter is 60 days of the notice of the decision refusing the permit. The
VACT has the following roles: the provision of affordable, quality and timely access to justice in
civil matters, the reduction of pressure in courts and to review administrative decisions.
The form applicable here is the ‘application for review permit application’2.
The process of appeal begins with the applicant lodging the application and paying the
prescribed fee. The application is reviewed to ascertain jurisdiction. It is then given a reference
number. VCAT then notifies the applicant on how the case will be handled through an initiating
order. The applicant may be required by the initiating order to effect service on the relevant
authority. After every party has completed their parts, the file is reviewed and set for hearing.
Parties bear their own costs. The applicable law is the Planning and Environment Act 1987.
Question 6
6.1
An ombudsman refers to an independent investigating office charged with investigating
government agencies’ actions as well as inaction upon the lodgment of a complaint or through its
own volition.
The powers of the ombudsman include making recommendations and investigating
administrative actions. There is a commonwealth ombudsman that serves in the federal
government; each state also has a states ombudsman. Their roles are almost similar except for the
difference in jurisdiction3.
The federal ombudsman investigates complaints of administrative action or inaction by a
Commonwealth agency or official. The ombudsman then reports his findings to the agency, the
2 Head, Michael. Administrative law: Context and critique (2017)3 Rose-Ackerman, Susan, and Peter L. Lindseth, eds. Comparative administrative law (Edward Elgar Publishing,
2010)