Administrative Law: Procedural Fairness and Australian System

This report delves into the intricacies of Australian administrative law, exploring its evolution and significance within the judicial system. It examines the concept of litigiousness and its impact on the legal landscape, particularly concerning the State Administrative Tribunal. The report analyzes the principles of procedural fairness, contrasting it with natural justice and highlighting its importance in ensuring fair decision-making processes. It covers essential elements like the hearing rule and the duty to avoid bias. Furthermore, the report provides an overview of the Australian administrative law system, including the roles of various bodies like the Ombudsman and the Attorney General, while also mentioning the separation of powers. It addresses the exercise of governmental powers and responsibilities, emphasizing the importance of accountability and public access to information.

Running head: ADMINISTRATIVE LAW
Administrative Law
Name of the Student
Name of the University
Author Note

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Table of Contents
Question 1........................................................................................................................................2
Question 2........................................................................................................................................4
Question 3........................................................................................................................................6
Reference.........................................................................................................................................8

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Question 1
There is a significance has been found from a decade in Australian Judicial System where
the Administrative law has make a huge establishment in the application under the State
Administrative Tribunal under the State Administrative Tribunal Act 2004. The Australia states
have their own contemplating law of reforms, which depends on the Tort law, and by the reform
effort, it helps to response on difference disputes and negligence issues. The Australian
Administrative law is the part of under the judicial system. The application of the law it helps to
identify litigiousness according to the qualitative claims. The Administrative helps to understand
the litigiousness in Australia, which always consist of the process of the judicial process, and
other ways in according to the particular application of the law (Hooper 2017).
The litigation is described as willingness to assert legal rights. The High Court of
Australia has defines the litigiousness as the eagerness of proceed through legal system. it also
helps to measure the efficacy of law in directing social behavior. For the application under the
formal legal process people applying it for a better review to resolve the disputes. they used
to solve the disputes through the negotiation process as they used to prefer the preserve
relationship rather than rapture with it. According to the concept of the litigiousness prevailing
orthodoxy it make the essential needs of the economy. It is the most important process to deal
with the resolving issues outside of the court (Barnett 2017).
According to merits review of administrative law it consider the authority that helps in
decision-making process under a particular legal framework. It exercises their powers and
discretions conferred on the primary decision maker. Under such merit reviews the Migration
Act 1958 is one if the legislation which works with the primary decision and helps to establish

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and substitute a new decision. It has reconsidered under the Department of Immigration and
Border Protection. In this legislation, the decisions can review according to the lodge application
and payable fees. The internal review of the administrative law is a review process on the merits
of an agency’s primary decision. It has the advantages as if it is a quick and inexpensive process
and access through the personal contact between the citizen and agency. It helps to impose
positive consideration in decision-making and attitudes of fellow officers, warn the agencies for
deficiencies or discrepancies in decision-making process. The disadvantages are risks of a public
perception of lack of impartiality, confusing stages, prevent speedy resolution by an external
review and cost of administrative review.
Australia has its own federal system which has it a wide-ranging efforts by the federal
and state system which deals with the facilitate self-representation, simplification of proceedings,
and policies to encourage and flexible arrangements in courts by litigants. Australian Court can
advertise the documents where it interfere with the decision making process for the
recommendation of such proceedings. Several arguments has introduced where they have
mentioned about the policy consideration which concern with the public policy or the interests of
the person primarily affected by the decision. In this process, it becomes associated with
collecting, validating and comparing quantitative data; it is not surprising that comparative
commentary on litigiousness resorts to cultural portrayals. The cultures and the litigious process
are both related with each other. Therefore, from a long time, it has been criticize and sometimes
the researcher has approaches for the alternative explanations (Hooper 2017).

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Question 2
The Procedural Fairness is a process, which is used for the decision-making, purposes
rather that an actual outcomes. Therefore, it is necessary to precede the judicial procedure with
fair and appropriate procedure. The decision making process is actually processed by the
decision maker who will operate the whole program with a fair and appropriate way.
However, there are several differences between the natural justice and procedural fairness
according to the preferable administrative decision-making process. The natural justice is the
part of law that is processed under the court but a fair process is always necessary while process
the judicial system. the procedural fairness always ensure the development of the decision
making process where a natural and simple process is being used which includes informing the
people as per their interest, provide the rights to hear the case processing, appropriate evidence
along with the complete and fair judgment (Barnett 2017).
The rule of natural justice has been exercising according to the negative reflective that
need to resolve the interest of a person or corporation. For the procedural fairness, it is necessary
for apply the fair decision for cancelling a license or provide benefits for the disciple an
employee or penalty for offence and other damages and losses which has been caused due to
some negligence. It is also applicable for those people who are having a legitimate expectation
and want to protect their legal rights. In some circumstances the procedural fairness is also
enacted by the acts of parliament where it requires to fulfill the requirements like lack of bias,
evidence for support any decision, hearing rule and enquiry about the disputes.
It is also requiring knowing whether there is any duty for the fair procedural or not.
Therefore one clear, contrary legislative intention, administrative decision-makers also affected

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for the decision. Under the procedure, the duty is require that must affect the person individually
or a community. The procedural fairness is only exists where it afford the decision making
ability. In the case of High Court in Saeed v Minister for Immigration and Citizenship the
procedural fairness has been applied for the protection of the principle of legality. The court is
also looks and depends on the duty in the procedure that is completely exclude from the
inconsistent along with the proper operative with the relevant statutory provisions. The express
statutory provisions also required to oblige the making of a decision that must clear the intension
of the natural justice (Barnett 2017).
The content of procedural fairness it should afford the duty of the procedural fairness.
The reasonable fairness also provides the opportunities for the parties for fair and relevant
circumstances. The basic rules are requires the hearing rule and rule against bias.
The hearing rule is one of the most important parts under the procedural fairness. It is the
way where any person is always require for the fair demands where that person must reply to a
government agency against any negative effects, which also includes the existing interest or a
legitimate expectation. It is a process where the person only concerns with the opportunity along
with the appropriate circumstances. The hearing rule process the must received and considered
before the decision has been made in the process. The process also requires having a possible
decision under some criteria. Therefore, several information must be provided in the process.
An individual person can have also applied for a procedural fairness that has governed by
the government decision. It is also required when any person is affected with negative reflective
can apply such procedure. The process also included the proposal and any negative or prejudicial
information relating with the decision making process (Barnett 2017).

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Question 3
Australian administrator law has been introduced for the exercising of the powers and
responsibilities by the Australian governments, which produced the common law system along
with a statutory; overlay which helps to codified Judicial review and tribunals with extensive
powers of direction. The Australian administers law mainly developed according to the
ombudsman system and freedom of information legislation and it produce some delegated
legislation with the collaboration of United States. the Australian administrative law has mainly
developed by the legal framework of the United Kingdom and United States which has become
one of the most strongest administrative tribunals for exercising the codification and procedural
Reform of the system of Judicial review and the creation of an office of ombudsman. It is
developed on the terms of common law and codified under the administrative decision Judicial
review act 1977. the administrative law is the statutory framework of the law regulating
government decision making process which allow and applies to the government decision for
every individual matters. The administrative law has provides the decision making process which
should be fair, hi qualify, efficient and effective for that individual matters. It should be applied
to the individual access according to the merits and law fullness of decision and conduct of that
matter. Accountability is another important part where government decision and conducts has
involved under the administrative law. The public access on to information always depends on
the government decision, processes, and individual access to personal information, which only
held by the government of the Australia (Barnett 2017).
Under the separation of power between the legislature executive and judiciary in
Australian constitution it is only allowed the independence of the federal court and according to
the Australian constitution it only applicable in three different ways. The parliament of Australia

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helps to establish the process of decision making as per the basis of merit reviews of decisions
and the ministers accountable decisions. The government has also power in the decision-making
based on merits review for at the Tribunal assesses. the merits in particular cases according to the
legislation of the Australia the court has also powers to declare and enforceable the legal limits
which only helps to Judicial review application (Hooper 2017).
The administrative law system has played many roles it helps to includes the primary
decision making process, internal merits review of primary decisions, external merits reviews,
Judicial review, Commonwealth ombudsman, office of the Australian Information
Commissioner, administrative review cancel merit, protection commissioner parliamentary
committee. The Attorney General is one of the important part in the administrative law which
always held responsibility for the decision making process through the administrative appeal
tribunals and legislative instrument (Barnett 2017).

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Reference
Barnett, H., 2017. Constitutional and administrative law. Taylor & Francis.
Elliott, M. and Varuhas, J.N., 2017. Administrative law: text and materials. Oxford University
Press.
High Court in Saeed v Minister for Immigration and Citizenship
Hooper, G.R., 2017. Judicial Review and Proportionality: Making a Far-Reaching Difference to
Administrative Law in Australia or a Misplaced and Injudicious Search for Administrative
Justice?.
Pearce, D.C., Paterson, M., Zifcak, S.P. and Telford, P. eds., 2015. Australian Administrative
Law. LexisNexis Australia.
Rose-Ackerman, S., Lindseth, P.L. and Emerson, B. eds., 2017. Comparative administrative law.
Edward Elgar Publishing.
Sossin, L., 2014. Administrative Law & Administrative Justice in an Interconnected World.
Canadian Journal of Administrative Law & Practice, 27(1), p.53.