What Remedies Are Available Under Administrative Law in Perth?

Government actions could have significant consequences on an individual, business, or organisation throughout Western Australia. If your matter concerns licence issues, visa refusals, disciplinary actions, planning approval issues, or even a penalty imposed by a regulator, then the field of administrative law guarantees that your case will be decided in a lawful manner. Having a good understanding of administrative law remedies is important if you feel a government action is unjust.

Experienced administrative lawyers in Perth help people examine whether an action taken by a government body should be challenged or not.

Understanding Administrative Law in Australia

The laws that regulate how a government exercises its power and decision-making process are called administrative law. In the country of Australia, the government ensures that all government departments follow the law and are limited in their powers.

There are many situations where administrative decisions might come from:

• Local councils
• Departments of state governments
• Federal government agencies
• Regulatory authorities
• Investigations by ASIC & ASX
• Planning and development authorities
• Disciplinary boards for professionals

In these cases, administrative lawyers Perth are able to help individuals and corporations who find themselves on the wrong side of such decisions.

Merits Review of Government Decisions

The other commonly used form of remedy in administrative law is that of merits review. In this case, a tribunal would conduct a reassessment of the facts and circumstances of a government decision.

Under Western Australian laws, the following matters may be reviewed by the SAT tribunal:

• Occupational licensing decisions
• Planning approvals
• Guardianship matters
• Disputes about professional registration
• Local government disputes

A merits review is based on the evidence presented and considers the correctness of the original decision made. Hence, people seeking to contest government decision WA matters often rely on this remedy without engaging in complex litigation.

Judicial Review

Another remedy that is commonly used in the context of Australian administrative law is that of judicial review. However, unlike merits review, judicial review focuses on the legality of the government decision rather than its correctness.

Courts in WA may take up cases of judicial review in case the government:

• Acted outside its legal jurisdiction
• Did not adhere to the requirement for procedural fairness
• Considered irrelevant factors
• Neglected important considerations
• Was biased
• Acted unreasonably

The application for judicial review is usually filed in the Supreme Court and/or the Federal Court of Western Australia.

Injunctions and Interim Orders

In situations where there is an urgency, the court may issue an injunction or an interim order, stopping a decision made by the government from being implemented.

For instance, a company whose license could be suspended immediately can seek an injunction preventing the implementation of the decision before the matter is legally sorted out.

An injunction is very crucial for businesses when dealing with matters involving investigations, compliance actions, or regulations. There are numerous administrative law lawyers Perth who help clients secure an injunction where substantial commercial damage can happen.

Declarations by the Court

There are instances when the court will make a declaration defining the legal position of the parties to an administrative matter.

This could be declaring the following:

• That a decision was illegal
• That the government department was acting ultra vires
• Applying a piece of legislation to a dispute
• That procedural fairness requirements were breached

Declarations are valuable because they provide legal certainty and can influence how future decisions are made.

Orders of Certiorari, Mandamus, and Prohibition

Australian courts can grant prerogative orders in administrative law cases. Prerogative orders still have relevance in current judicial review proceedings.

• Certiorari

The court can use this order to invalidate an unlawful administrative action.

• Mandamus

This order requires a public entity to carry out a legal responsibility that it has neglected or avoided fulfilling.

• Prohibition

This order prohibits a government department or tribunal from exceeding its jurisdiction in the performance of its functions.

Remedies for Compensation and Monetary Awards

Despite being primarily concerned with remedying unlawful administrative decisions, there may be instances where compensation becomes necessary when a party suffers monetary damage as a consequence of government actions.

Claiming compensation may occur under the following circumstances:

• Public authorities’ negligence
• Abuse of statutory powers
• Failure of regulators to fulfil their duties
• Financial damage caused by procedural irregularities

Companies dealing with significant business losses often contact the best corporate lawyers Perth for regulatory decisions impacting their businesses, licenses, or contracts.

Conclusion

Administrative law in Western Australia provides for fairness and accountability in decisions made by the government. Judicial review and tribunals are some of the mechanisms that can help protect an individual or business entity, while legal advice by a corporate lawyer Australia is always helpful.