·         It is important to first check if there are any time limits within which a valid application for review or appeal must be made.

o   If a decision has been given in writing this application due date should be clearly indicated either in the government’s covering letter or towards the end of the correspondence.

o   If an oral decision has been given or an act has simply been carried out by government without discussion the decision-maker is obliged to tell you your rights for review or appeal.

o   This should include any time limits or special forms plus the right department, tribunal or court to apply to for your review.

·         You will generally be within your rights to request written reasons for the original decision. Such information is important because it will set out the laws or regulations applied by the decision-maker.

·         A written ‘reasons for decision’ document should also clearly demonstrate the method that the government agency used to weigh up competing considerations.

·         A ‘decision’ or ‘action’ also includes the opposite such as a lack of decision or a failure of the government to act. These lapses can also be challenged.

o   For example the failure of a government agency to make a decision within a reasonable time is something that you can seek to remedy.

·         Depending upon the issue in question approaching the relevant ombudsman can also be an effective way to address the problem of government delay.

o   There are state ombudsmen as well as a federal ombudsman. In some states there will be subject-specific ombudsmen relating to issues such as telecommunications and health complaints.

o   These independent bodies deal with the different subject matters that are listed on their websites.

o   Even if you approach the wrong ombudsman regarding your problem with government you will be directed to the right body.

o   Fairness and oversight ombudsmen are based on a Swedish model of government and have come to represent an important part of Australia’s administrative law landscape.

·         Make sure that you know about and can access any mandatory forms.

o   Some government departments have specific application forms that you need to complete to begin the process.

o   It might seem strange but in some cases use of the wrong document can make the application for review or appeal invalid.

o   This requirement can tie in with time constraints. If you submit a review or appeal the wrong way or simply as a letter when a form is required then rejection might also lead to the time limit lapsing and the application again facing invalidity.

·         Some people attempt to exercise their right under the Constitution to seek help straight from the High Court.

o   Such attempts are generally unsuccessful unless the person has tried every other avenue such as internal review and all the lower courts and tribunals.

·         The codification and procedural reform of administrative law in the 1970’s meant that people could access simple, fair and quick resolution of their problems.

·         Most areas of government work under Acts of Parliament that set out how individuals can dispute decisions.

·         In many cases it will be necessary to follow the set review and appeal process that is determined by law. The formal pathway for administrative justice will often be:

o   ask the department or agency for written reasons for the decision if these have not already been provided;

o   if still dissatisfied with the explanation ask what the next step is for disputing the decision. Government officials are obliged to let you know;

o   the first review of the decision will often be an ‘internal review’. A more senior officer in the department will examine the original decision and decide if it is right, wrong or in need of some variation;

o   if you are still dissatisfied with the decision you have the right to approach a different organisation for an ‘external review’. This will often be a regulatory body that has the power to oversee government or it might be a tribunal of some description. Most tribunals have the ability to look at government decisions while some ‘specialist’ tribunals exist in areas such as mental health or veterans’ affairs; and

o   the next step after a tribunal will most likely be court action. In many instances courts will only be able to look at what are called the legal issues of the case. Unlike merits legal aspects of administrative law are quite specific and narrow. They can relate to seemingly unimportant issues such as the way a decision was made rather than the substance of your actual problem. For many people this can seem like an unfair and frustrating situation. However it is important to understand the limits of the system before you expend time and money fighting a battle that cannot be won. Before you seek court action against the government you should ask a lawyer to review your claim and advise you on its prospects for success. You can find a lawyer near you in our free Find a Lawyer directory. If your claim is very complicated your lawyer may recommend involving a barrister to ensure you get the best advice.

·         You can find out more about internal and external review processes in our topic on Tribunals and Public Sector Appeals.