Administrative Law glossary
Australian administrative law provides the legal framework for review of government decision-making — through merits review at tribunals like the ART, and judicial review in the Federal Court and state supreme courts. This glossary covers 40 commonly used terms.
This is a glossary of 40 key terms used in Australian administrative law practice. Each entry has a plain-English definition and, where relevant, a citation to the ADJR Act, Judiciary Act, or leading authority.
Definitions
Acting under dictation
A ground of judicial review where a decision-maker exercises their discretion at the direction of another person rather than independently.
ADJR Act
The Administrative Decisions (Judicial Review) Act 1977 (Cth) — the statutory scheme for judicial review of most Commonwealth administrative decisions.
Administrative Review Tribunal (ART)
The Commonwealth merits review tribunal established in October 2024, replacing the AAT.
Apprehended bias
A ground of judicial review where a fair-minded lay observer might reasonably apprehend that the decision-maker was not impartial.
Available materials
The documents and information that were before the decision-maker when the decision was made — the primary record for judicial review.
Certiorari
A constitutional writ quashing a decision made in excess of jurisdiction or affected by jurisdictional error.
Considering irrelevant matters
A ground of judicial review where the decision-maker took into account a matter they were not authorised to consider.
Constitutional writs
The writs of mandamus, prohibition, and certiorari (with injunction) available under section 75(v) of the Constitution to restrain officers of the Commonwealth.
Decision-maker
The person or body making an administrative decision, who may be a minister, delegate, tribunal member, or statutory officer.
Declaration
A judicial statement of legal rights or the validity of an administrative decision, often sought together with other forms of relief.
Delegate
A person to whom a statutory decision-making power has been validly delegated under a Commonwealth or state enactment.
Denial of procedural fairness
A decision-maker's failure to accord the affected person a fair hearing or to act impartially — a key ground of judicial review.
Error on the face of the record
A ground of judicial review for non-jurisdictional errors apparent on the record of the decision.
Failing to consider relevant matters
A ground of judicial review where the decision-maker did not take into account a matter they were required to consider.
Federal Court
The court with primary jurisdiction for judicial review of Commonwealth administrative decisions under the ADJR Act and section 39B of the Judiciary Act.
FOI
Freedom of information — the statutory right to access documents held by government agencies, administered under the FOI Act.
Hearing rule
An aspect of natural justice requiring that a person affected by a decision be given a reasonable opportunity to be heard.
Improper purpose
A ground of judicial review where a statutory power has been exercised for a purpose other than that for which it was conferred.
Injunction
A court order restraining a person from doing (or requiring them to do) a specific act, available as a remedy in judicial review proceedings.
Judicial review
The process by which a court examines the legality of a decision or action of a government decision-maker, as distinct from merits review.
Jurisdictional error
An error that goes beyond a decision-maker's authority or that fundamentally affects the decision-making process. Typically required for relief under section 75(v).
Jurisdictional fact
A fact or state of affairs that must exist for a decision-maker's power to be validly exercised — reviewable on correctness.
Legal unreasonableness
A ground of judicial review where a decision lacks an evident and intelligible justification, even within the decision-maker's discretion.
Mandamus
A constitutional writ compelling a decision-maker to perform a public duty, typically to make a decision they have failed to make.
Merits review
Review of an administrative decision by a tribunal that can substitute its own decision for that of the original decision-maker.
Natural justice
The common law rules requiring administrative decision-makers to accord procedural fairness, consisting of the hearing rule and the bias rule.
No evidence rule
A ground of judicial review where the decision-maker had no evidence or material on which to base a finding of fact that was central to the decision.
Non-jurisdictional error
An error within the decision-maker's jurisdiction that does not render the decision invalid, typically not reviewable under section 75(v).
Ombudsman
A statutory office empowered to investigate complaints about the administrative actions of government agencies and make non-binding recommendations.
Privative clause
A statutory provision attempting to exclude or restrict judicial review of administrative decisions. Subject to the principle of legality and section 75(v).
Procedural fairness
The requirement that administrative decision-makers act fairly in the procedures they adopt, including affording a hearing and being impartial.
Prohibition
A constitutional writ restraining a decision-maker from exceeding or continuing to exceed their jurisdiction.
Public interest immunity
A doctrine allowing the court to refuse disclosure of documents where disclosure would be contrary to the public interest.
Reasonable apprehension of bias
The test for apprehended bias — whether a fair-minded lay observer might reasonably apprehend that the decision-maker might not bring an impartial mind.
Section 39B
The provision of the Judiciary Act conferring jurisdiction on the Federal Court to issue the constitutional writs against Commonwealth officers.
Section 75(v)
The provision of the Commonwealth Constitution conferring original jurisdiction on the High Court in matters where a writ of mandamus, prohibition, or injunction is sought against an officer of the Commonwealth.
Standing
The requirement that a person seeking judicial review be sufficiently affected by the decision to be a proper applicant.
Statement of reasons
A written statement of the findings on material questions of fact, evidence, and reasons for a decision, available on request under section 13 of the ADJR Act.
Ultra vires
A Latin phrase meaning 'beyond power' — used to describe decisions or actions that exceed the authority conferred by statute.
Unreasonableness (Wednesbury)
The ground of review where a decision is so unreasonable that no reasonable decision-maker could have arrived at it.
Research these terms in context
Quillio helps administrative law practitioners draft judicial review applications, tribunal submissions, and FOI requests in Australian format. See /practice-areas/commercial-lawyers or visit /free-trial.
This glossary is a general reference for practitioners — not legal advice. Always verify against current legislation and High Court authority.
Research these terms with citations.
Quillio gives you the term, the current authority, and a clickable citation — all in one place. The free trial requires no credit card and no sales call.
Start your free trial