Understanding Administrative Law: A Guide by Bansal Lawyers

Administrative law, often referred to as "admin law", is a crucial branch of public law that governs how government agencies and officials make decisions and exercise their powers. It plays an essential role in ensuring that the actions of government institutions are transparent, accountable, and fair. Whether you are dealing with a government agency on an immigration matter, tax issue, or appeal to a tribunal, understanding administrative law is vital.

At Bansal Lawyers, we specialize in providing legal advice and support in various aspects of administrative law. Below, we outline what administrative law regulates, how it works, and how it promotes accountability in government decision-making.

What Does Administrative Law Regulate?

Administrative law regulates the activities of the executive branch of the government. This branch includes government agencies and officials responsible for creating rules, making decisions, and enforcing laws. Specifically, administrative law focuses on:

• Rulemaking: The process through which government agencies create new regulations or modify existing ones.
• Adjudication: The process by which agencies make decisions in individual cases, such as issuing fines or approving licenses.
• Law enforcement: Ensuring compliance with government regulations and statutes, often carried out by agencies such as the police or other regulatory bodies.

How Does Administrative Law Work?

Administrative law controls how government agencies and officials make decisions and exercise their powers. These powers are typically outlined in specific legislation and are known as "statutory functions." Agencies and officials are required to act within the scope of their statutory authority when making decisions, ensuring that they follow the law, respect individual rights, and act within their legal framework.

At its core, administrative law provides a system of checks and balances to ensure that government decisions are made in a fair, just, and accountable manner. This system helps prevent the abuse of power by government officials and institutions.

What Does Administrative Law Include?

At the federal level, administrative law covers a wide range of issues, including but not limited to:

• Immigration Law: Regulations concerning immigration status, visa applications, deportations, and refugee matters.
• Tax Law: Rules and procedures for taxation, including audits, disputes, and tax assessments.
• Centrelink Matters: Administrative decisions relating to welfare benefits and public assistance programs.
• Tribunal Appeals: Appeals related to decisions made by government agencies, such as those heard by the Administrative Review Tribunals (ART), previously called Administrative Appeals Tribunals (AAT).

How Does Administrative Law Promote Accountability?

One of the primary functions of administrative law is to promote accountability in government decision-making. It ensures that government actions are:

• Transparent: Decisions must be made publicly and be subject to review.
• Rational: Government agencies must make decisions based on logical reasoning and established facts.
• Fair: The processes involved in decision-making must be just and equitable.

To ensure these principles are upheld, administrative law provides several mechanisms for review, such as:

• Merits Review: Examining the substance of a government decision to determine whether it is correct or fair.
• Ombudsman Investigations: Independent investigations into government actions and complaints, aiming to resolve disputes and address grievances.
• Judicial Review: The court's oversight of government decisions to ensure they comply with the law.

Why Choose Bansal Lawyers?

At Bansal Lawyers, we are committed to helping individuals and businesses navigate the complexities of administrative law. Whether you need assistance with a government-related issue, filing an appeal, or seeking judicial review, our team of experienced professionals can provide expert legal advice and representation.

We believe in upholding the principles of transparency, fairness, and accountability in all legal matters. If you have any questions about administrative law or need legal assistance, don’t hesitate to contact us for a consultation.