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The present administrative law is largely a result of growing concern about control of bureaucratic decisions in the 1960s . In response a set of committees were established in the early 1970s , whose recommendations constituted the basis for what became known as the "New Administrative Law". The most important of these, the Kerr Report, recommended the establishment of a general administrative tribunal which could review administrative decisions on the merits, codification and procedural reform of the system of Judicial Review , and the creation of an office of Ombudsman . These proposals were put into practice with the passing of the ''Administrative Decisions (Judicial Review) Act'' 1977; the ''Administrative Appeals Tribunal Act'' 1975; the ''Freedom of Information Act'' 1982; and the ''Ombudsman Act'' 1976. ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 The grounds for challenging administrative action which were developed at Common Law and have been codified in ss 5-7 of the ADJR Act. Decisions of the Governor-General Of Australia are specifically excluded from judicial review under the ADJR Act and is now available at common law only. ADMINISTRATIVE APPEALS TRIBUNAL The AAT was established by the ''Administrative Appeals Tribunal Act'' 1975 (Cth). The AAT is empowered to review specified exercises of discretion. ADMINISTRATIVE REVIEW COUNCIL OMBUDSMAN Both at Commonwealth and State level, there is an office of Ombudsman, with wide power to investigate action that relates to matters of administration. In recent times the office of the Ombudsman has been the subject of tight budgetary constraints. Privatisation of formerly government functions has also removed many activities from the jurisidiction of the Ombudsman. FREEDOM OF INFORMATION Australia was the first country with a Westminster System government to introduce Freedom Of Information Legislation , following the model established in the United States in 1966 . The ''Freedom of Information Act'' 1982 (Cth) provides access to government information. Similar legislation is now in force in the ACT and the States. Freedom of information is designed to allow individuals access to personal and governmental information, and to allow individuals the opportunity to challenge and where appropriate have their personal information amended. It is also intended to provide Open Government . A party may lodge an application under the Act to seek access to a document, being either a document of an agency or a Minister. Applications are made to the agency or Minister concerned. There is a fee involved in making that application to the Commonwealth Government, although similar State legislation has often made access to personal information free. A basic principle involved in the FOI regime is that standing is not an issue: that all members of the public should be entitled to access of government information irrespective of the purpose for which the information is sought. However, one obvious exception has been in the disclosure of personal information. Personal information is almost always exempted from disclosure, in order to protect individuals private information. Another very important object underlying the Act is the general intention of Parliament that government information should be disclosed and to encourage this disclosure. Accordingly, the Act uses language which indicates the discretion to deny access to information is just that: a discretion, and thereby encourages agencies to disclose documents or matter even where it may be exempt. There has also been an acknowledgement that general public interest arguments also should influence an agency decision to disclose. One key ground to exempt a document from disclosure is that the document has been submitted to Cabinet for discussion. Documents considered by Cabinet will always be eligible for exemption. There is also some provision in the Act for Ministers to provide conclusive certification that a document or documents are exempt because disclosure would not be in the public interest. Parties unhappy with the decision of the agency or Minister may go to the next stage of external review, where the original decision to disclose or not disclose will be reconsidered. Under the Commonwealth Act, this external review function is undertaken by the Administrative Appeals Tribunal. Some States have this external review function vested in an Information Commissioner. Appeals from the AAT would be to the Federal Court, and would ordinarily only be on errors of law. REASONS FOR DECISIONS |
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