Discuss about the Administrative Law for Australian Judicial System.
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 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).
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 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).
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 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).
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.