Australian Government Administrative Law Guide：澳大利亚政府行政的法律指南.doc

Contents 1 Purpose of the Guide 4 2 Overview of the administrative law system 4 2.1 What is administrative law? 4 2.2 Elements of the administrative law system 5 3 Key players in administrative law 6 3.1 The Attorney-General 6 3.2 The Administrative Law Unit 6 3.3 The Administrative Review Council 6 4 Key considerations for policy proposals that include administrative decision making 8 4.1 Consider accountability mechanisms available across the system 8 4.2 Structure decision making appropriately 9 4.2.1 Types of decisions 9 4.2.2 What should be in a primary decision making power? 10 4.2.3 Delegation of power 10 4.3 Provide for procedural fairness 10 4.4 Give reasons for decisions 10 4.5 Provide for merits review where practicable 11 4.5.1 What is merits review? 12 4.5.2 Internal review 12 4.5.3 External Review 13 4.5.4 What decisions should be subject to merits review? 13 4.5.5 Costing of reviews by the AAT 13 4.5.6 Alternatives to Merits review 13 4.6 Consider whether decisions will be judicial reviewable 14 4.6.1 What is judicial review? 14 4.6.2 Exemptions from the ADJR Act 14 4.7 Consider the implications of outsourcing government decision making 15 Attachment A Elements of the administrative law system 16 Purpose of the Guide The Guide is intended to help policy makers identify administrative law issues in draft legislation and policy proposals and to understand the approaches that can be taken to address them. It draws from, and refers to the work of Administrative Review Council. The Guide provides an overview of the principles that the Attorney-General’s Department (AGD) considers in its role supporting the Attorney-General in her responsibility for Commonwealth administrative law. It does not replace the need to consult with AGD on administrative law issues. Overview of the administrative law system What is administrative law? Administrative law is the body of law regulating government decision making. It is an accountability me