Administrative Law: Application of Principles in Questions 5, 6, and 7

This document presents solutions to an administrative law assignment, addressing questions on the application of administrative law principles. The assignment covers three key areas: the Commonwealth Administrative Appeal Review Tribunal (AAT) and the Victoria Administrative Appeal Review Tribunal (VCAT) and the process of merits review, including application procedures and relevant legislation such as the Migration Act 1958 and the Planning and Environment Act 1987. The document also examines the role of the ombudsman, including the Commonwealth and State ombudsmen, their powers, and the procedures for lodging and investigating complaints, with a specific focus on the Telecommunications Industry Ombudsman. Furthermore, it delves into the Freedom of Information Act 1982, detailing an individual's right to access government information, the application process, and the limitations to this right, particularly in the context of police investigations.

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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)

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minister responsible and sometimes to parliament or the prime Minister. The ombudsman’s
powers include making recommendation to the agency on a course of action4.
State ombudsman offices are created to deal with administrative complaints in every state
government. For instance, a state may have an office of the ombudsman that deals with the
corruption in the police service. These ombudsmen receive and investigate complaints by people
who hold that they have been subjected to unfair treatment by a state agency.
The procedure followed is first invoking the jurisdiction of the Ombudsman by lodging a
complaint which can be oral or in writing. The person lodging a complaint should have interest
in the matter. After admitting a complaint, the ombudsman informs the relevant agency and gives
them time to respond. Upon receipt of the response, the ombudsman may, depending on the
response investigate the matter or engage the parties in negotiation. Depending on the method
adopted, the ombudsman then gives a report with recommendations to the agency and parliament
or the Responsible Minister5.
6.2.
In advising Mellisa, the telecommunications ombudsman is charged with the provision of
independent resolution of disputes for internet and telephone complaints. The process is free and
available to small business consumers and individuals.
The Telecommunications Industry Ombudsman (TIO) handles complaints also from land owners
on which a carrier intends to install facilities. A person with a complaint with mobile phone or
service tries to resolve the said problem with the service provider at first. Where the service
provider does not respond, such person complains to the TIO. The TIO then contacts the service
provider and gives them about 10 days to have the problem fixed6.
4 Allen, Michael, and Brian Thompson Cases and materials on constitutional and administrative law (Oxford
University Press, 2011)
5 Planning and Environment Act 1987
6 Barnett, Hilaire. Constitutional & administrative law (Routledge, 2011)

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Question 7
7.1
Freedom of information entitles an individual the right to access government files relating
to an agency or a department of the government. A person has access to information in the hands
of government. The relevant law guiding freedom of information is the Victoria Freedom of
Information Act 1982. Freedom of information enables an individual access to their personal
information and can be corrected if found to be inaccurate. This right however has limitations; it
does not extend to anything likely to affect police investigations, confidential government
business dealings, government secret papers and documents on public interest, cabinet
documents and documents that are likely to affect personal privacy.
7.2
Jane has right to access to information under the Victoria Freedom of Information Act
1982. There is an information officer who is contacted directly by the applicant. The application
is made in writing by filing the relevant form and paying the application fee. The fees payable
includes payment for information as well as photocopying fees. This matter is under police
investigation. Documents that may affect the police investigations; For instance, the full incident
details may be refused as it is directly connected to investigations and exempted under the FOI
rules7. All the basic details of the investigating officer may also be refused under the rules so as
to protect investigations and ensure the safety of the investigating officer.
Decisions of FOI are also subject to review under the VCAT which is likely to make a decision
on the disclosure based on the merits of the case8.
7 Victoria Freedom of Information Act 1982
8 Forbes, John RS Justice in tribunals (Federation Press, 2010)

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References
Allen, Michael, and Brian Thompson Cases and materials on constitutional and administrative
law (Oxford University Press, 2011)
Barnett, Hilaire. Constitutional & administrative law (Routledge, 2011)
Forbes, John RS Justice in tribunals (Federation Press, 2010)

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Head, Michael. Administrative law: Context and critique (2017)
Rose-Ackerman, Susan, and Peter L. Lindseth, eds. Comparative administrative law (Edward
Elgar Publishing, 2010)
Legislation
Victoria Freedom of Information Act 1982
Planning and Environment Act 1987
Migration Act 1958