Administrative Law Branch
The Administrative Law Branch provides legal policy advice on the federal administrative law system and legislative instruments, as well as secretariat support to the Administrative Review Council. More information about the federal administrative review system can be found on the Administrative Law page.
Our areas of responsibility
Federal administrative law system
The Administrative Law Branch provides policy advice on
- the role and structure of the Administrative Appeals Tribunal (AAT)
- matters arising under legislation relating to the AAT
- development of legislative proposals for review of Government decision making and advice to other agencies on decision making under their legislative proposals
- the operation and application of the Administrative Decisions (Judicial Review) Act 1977
- statutory appointments to the AAT, the Administrative Review Council (ARC), and the National Native Title Tribunal (including terms and conditions applying to relevant office holders in these bodies), and
- issues relating to the functions and powers of the ARC.
For more information on government administrative law policy, see the Australian Government Administrative Law Policy Guide.
Administrative Review Council
The Administrative Review Council is established under section 48 of the Administrative Appeals Tribunal Act. Its functions and powers are set out in section 51 of the Act. They include keeping the Commonwealth administrative law system under review, monitoring developments in administrative law and recommending to the Attorney-General improvements that might be made to the system (paragraph 51(1)(aa)). The Council may undertake projects on its own motion or by reference from the Attorney-General. More information about the Council and its current projects can be found on the Council’s website.
Legislative Instruments
The Legislative Instruments Act 2003 (LIA) provides a comprehensive regime for the making, registration, publication, parliamentary scrutiny and sunsetting of Commonwealth delegated legislation. More information about the LIA is available from the Legislative Instruments Act 2003 page.
The Administrative Law Branch has policy responsibility for the LIA, including advice on exemptions from the requirements of the Act.
The Office of Legislative Drafting and Publishing has operational responsibility for the Federal Register of Legislative Instruments
Legislation for which we are responsible:
Administrative Appeals Tribunal Act 1975
Administrative Decisions (Judicial Review) Act 1977
Legislative Instruments Act 2003
Judiciary Act 1903 (s 39B only)
Ordinances and Regulations (Notification) Act 1972