Administrative Law is one of the best law practices of the recent generation. It safeguards public interests and ensures peace. Have you ever encountered unfair work practices? What does one do in such a situation? You file a judicial review claiming justice. Keep reading to educate yourself more on the subject of administrative law. Understand how one can file an administrative law case matter in court.
What is administrative law?
Administrative Law is the law that reviews administrative activity. It deals with the everyday functions of administrative authorities. It regulates proper exercise and execution of power. Administrative Law primarily deals with four features of the administrative bodies. These are:
- Structure and powers of administrative authorities
- Setting limitations on the power of these authorities
- Authorising the measures to be taken while exercising such powers
- Supervising the authorities through legal and other means
Administrative Law provides decisions concerning the following areas:
- Human Rights
- Governing Bodies
- Disciplinary Issues
- Health Care
- License-related topics
- Social Agencies
- Parole and Probation related laws and boards
Why is administrative law important?
The administrative law is also called public or regulatory law. It is a part of the executive branch of the government. The need for administrative law came with the emergence of securing public interests from unfair practices. Administrative law passes regulations and measures which lead to the creation of specific government bodies. These government bodies are assigned specific tasks and areas to govern. For example, Australia has Fair Work Commission which is a governing body. The Fair Work Commission is responsible for ensuring the provisions of the Fair Work Act. It deals with unfair dismissal, discrimination at the workplace, illegal termination, settling disputes and the like. Thus, administrative law is vital to maintain fair rights and functioning in the state.
What are the benefits of signing an administrative law?
The administrative law offers the following advantages to the citizens of a state:
- Enables safety and security
- It ensures fair functioning of government agencies
- It also provides a basis for proper legislation in the state
- Reassures people that their rights are protected
- Keeps the state’s law and order intact
- Prevents disputes and unrest due to illegal/unfair governing
- It preserves the peace and tranquillity of a place
How to file an appeal for administrative review?
Although the administrative law covers almost all aspects of governance, there still might be hidden cases of unlawful activities. In such a case, you may file for a judicial appeal to seek justice. It is recommended to seek help from an administrative lawyer. An administrative lawyer will represent you in front of the court. His primary role is to reinstate lawfulness back to order. An experienced administrative lawyer always has the necessary skills needed to defend fair reforms and attack illegal stances. To appeal for a judicial review, you request an order from the court seeking;
- For a decision to be set aside
- A proceeding to be moderated
- Specific actions to be taken by a regulatory body
The court then decides whether to grant a judicial review or on. In determining so, it considers the following aspects:
- Whether the measures implemented by the decision-maker are consistent with the principles of fairness/justice
- Whether the factors considered before decision-making were aligned according to the federal state’s provisions of law
- Whether the decision-maker’s actions were taken within the limits of state legislation
In reviewing such administrative actions, the court doesn’t examine the actual decision based on its pros and cons. Instead, the court looks into the process of decision making and finalises a verdict.
How is a judicial review appeal dealt with in Australia?
The Supreme Court and High Court are primarily full of heavy load cases. Thus, the establishment of a Federal Court came into being. The Administrative Decisions (Judicial Review) Act of 1977 has set out the powers of the federal court to administer judicial review cases. The process of review has become quicker and more efficient since.
Why does one need an administrative lawyer?
Have you been subjected to unlawful termination? If yes, you need to consult an administrative lawyer. People who have suffered damages due to unfair practices employed by agencies against them need to file a judicial review. A judicial review will consider their stance and guard their interests. Once you are decided, get hold of a civil lawyer to assist you in your case. Below enlisted are some primary reasons as to why an administrative lawyer is necessary:
- An experienced administrative lawyer can help land you a favourable position in relation to the case matter
- In cases of a lawsuit against you, he can identify prospects and loopholes in your defence
- He is extremely informed and experienced, which is a bonus in securing a safe spot during court proceedings
- He can provide appropriate and accurate legal advice concerning your business
- He can help with required documentation
- He will defend your best interests and ensure a court grant of the appeal
- He guarantees compliance with regulations of filing grievances so that the appeal doesn’t get cancelled
Administrative Law Lawyers deal in areas such as:
- Disability Law/ Social Security affairs
- Environment-related issues
- Licensing Matters
- Regulatory Bodies
- School Law
- Veterans Benefits Administration
What are the steps followed while lodging for an administrative law case?
The initial steps to file a judicial review are as follows:
- Get an administrative lawyer for advice and assistance
- Write a Pre-Action Protocol Letter (PAP letter) to the home office prior to court proceedings
- Submit a claim form discussing the actions that need to be reviewed
- Attain a defence receipt
- Attend the judicial review of the case matter
- Witness the full hearing
If you have queries or doubts about administrative law or judicial review proceedings in Perth, consult civil lawyers in Perth for assistance. Lawyers located near you are an added advantage. They know all the regulations and measures of filing a review as per different agency policies. Always keep yourself updated through legal consultation before deciding on lodging a review.