What are the Different Kinds Or Types of Administrative Law?

January 20, 2025    Civillawyers
What are the Different Kinds Or Types of Administrative Law?

Administrative law is an essential concept in the self-government of many countries. In the Australian government context, the term refers to the laws that regulate the procedures through which the government makes its own decisions.

In other words, administrative laws define the extent of responsibilities and authority held by the Australian government’s administrative agencies. They also set up mechanisms that ensure legality and integrity in executive decision-making.

While having sound knowledge of these laws is a must for everyone, it is understandable if you do not have clarity on these different kinds of administrative law. Follow this blog to learn about the various elements of administrative laws in Australia.

Know about Administrative Tribunals

The AAT carries out merits review of administrative decisions which are made under the Commonwealth laws. You need to understand that these merit reviews are independent. The AAT may review decisions made by Commonwealth ministers and departments.

Administrative Tribunals are some of the must-knows of administrative law types. There are some territories and states that have tribunals identical to the AAT, like the Victorian Civil and Administrative Tribunal and the New South Wales Civil and Administrative Tribunal.

Types of Administrative Law –

1. Rulemaking

This concerns the development of rules and regulations by government agencies. These rules are crucial to implement and enforce the legislation passed by the legislative body. It can be divided into further elements, such as:

  • Substantive rulemaking

The agencies create regulations that are legally binding that the entities and individuals have to follow.

  • Procedure rulemaking

All the reputed Administrative Law Lawyers Perth agree that it sets the procedures agencies have to adhere to when they are exercising their powers.

  • Interpretive rulemaking

It offers guidance on how the agencies interpret existing laws, though the regulations do not carry the force of law.

2. Compliance and enforcement

Enforcement of administrative decisions and judicial remedies means that the court might make orders to correct errors in the government’s actions and decisions. Examples of enforcement mechanisms include injunctions and declarations. The court might make orders to restrain an individual from taking specific actions.
Both compliance and enforcement are crucial for making sure that the administrative decisions are effective and lawful.

3. Delegated Legislation

Delegated legislation implies the regulations and laws made by the administrative agencies under the authority that is granted by the legislature. This includes:

  • By-laws

The local regulations are made by the municipal authorities or other bodies.

  • Statutory instruments

Orders or rules issued directly under legislative acts.

Overall, the delegate legislation enables the authorities to address the challenging issues efficiently. However, adherence to strict oversight needs to be considered.

4. Judicial review and remedies

Administrative Actions can be challenged through a common law codified in the Administrative Decisions Act in 1977.

  • Kinds of judicial review

The federal court has the authority to review administrative decisions made by government agencies.

  • Judicial remedies

The conventional remedies include the prerogative writs, such as prohibition and mandamus.

5. Public participation and transparency

Modern administrative laws focus on the significance of public involvement and transparency in governmental decision-making. The mechanisms include:

  • Notice and comment rulemaking

Public feedback is accosted on proposed regulations prior to their finalization.

  • Freedom of informative laws

It enables citizens to access government records and documents.

6. Adjudication

Administrative adjudication implies that the agencies resolve disputes between the parties, the agency, and individuals. This sort of quasi-judicial procedure ensures that decisions are made in an impractical way. Here are a couple of elements you have to consider:

  • Informal adjudication

It concerns the simpler procedures without formal hearings, generally used for minor issues.

  • Formal adjudication

It resembles a court proceeding where the evidence is presented and a decision is issued by the ALJ.

Wrapping Up

Administrative law concerns judicial review, administrative tribunals, investigative bodies, and access to information. It is crucial to make sure that government agencies and decision-makers are set accountable and lawful.

Understanding the kinds and importance of administrative law is crucial for people and businesses engaging with government agencies, as it assists them in navigating the legal landscape effectively.

For expert advice and assistance with administrative law matters, contact the experienced team of administrative lawyer Perth. With a deep understanding, we are committed to taking care of your rights and offering the best outcomes for your case.

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