NCA Administrative Law key terms

The body of law that governs how government agencies are created, how they exercise their powers, and how courts review their decisions and actions.

The power an agency receives from a statute enacted by the legislature. Without such authority, an agency cannot lawfully act or make binding decisions.

Rules, regulations, or orders made by an agency or minister under authority granted by a parent statute, rather than enacted directly by the legislature.

A binding rule of general application issued by an agency under delegated power, typically to implement or administer a statute.

Latin for beyond the powers. An action or rule is ultra vires when it exceeds the authority granted by statute and is therefore invalid.

A court's examination of whether an agency decision was lawfully made, focusing on legality, rationality, and procedural fairness rather than the merits.

The recognised legal bases on which a court may set aside an administrative decision, such as illegality, procedural unfairness, and irrationality.

A mistake going to whether the decision-maker had power to decide at all, as opposed to an error made within a validly exercised power.

A mistake about the meaning or application of a legal rule, as distinct from a mistake about the facts, which may justify review or appeal.

The obligation of a decision-maker to follow fair procedures, typically giving affected persons notice and a genuine opportunity to respond before a decision is made.

Two core fair-hearing principles: the right to be heard and the requirement that the decision-maker be free from bias.

The principle that a person affected by a decision should be told the case against them and given a fair opportunity to present their side.

The principle that a decision-maker must be impartial and must not appear to favour one side, judged by the reasonable observer standard.

A ground of review where a fair-minded observer might reasonably suspect the decision-maker was not impartial, even without proven actual bias.

Information given to an affected person about the proposed decision and the issues involved, so they can prepare and respond meaningfully.

The explanation a decision-maker gives for reaching a conclusion, which allows affected parties to understand the basis and enables effective review.

A ground of review where a decision is so lacking in logical foundation that no reasonable decision-maker could have reached it on the material available.

A factor the statute requires or permits the decision-maker to take into account when exercising a discretionary power.

A factor the decision-maker takes into account that the statute does not permit, which can render the decision invalid.

Exercising a statutory power for an objective other than the purpose for which the legislature granted it, which is a ground of invalidity.

The freedom an agency has to choose among lawful options when applying a statute, which must still be exercised consistently with the statute's limits.

A non-statutory rule or guideline an agency adopts to guide how it exercises discretion, which cannot lawfully conflict with the governing statute.

The transfer of decision-making authority by an office-holder to another person, which is permitted only where the statute allows it.

A body, separate from a court, that reviews or hears appeals against administrative decisions under powers given by statute.

Reconsideration of a decision on its substance, where the reviewer may substitute a new decision, as opposed to reviewing only its legality.

An independent official who investigates complaints about government agencies and may recommend remedies, but generally cannot overturn decisions.

A statutory right of public access to government documents, subject to defined exemptions, which supports transparency and accountability of agencies.

The legal right of a person to bring a review or appeal, usually requiring a sufficient interest in the matter beyond that of the general public.

Whether a matter is suitable for a court to decide, excluding certain policy or prerogative decisions considered inappropriate for judicial determination.

A power historically held by the executive without statutory basis, whose exercise may be subject to limited judicial review.

The relief a court grants after finding unlawful administrative action, such as quashing an order, an injunction, or a declaration.

A court order quashing a decision affected by legal error or procedural unfairness, removing its legal effect.

A court order compelling an agency or official to perform a public duty they have unlawfully failed or refused to perform.

A court order restraining an agency from continuing or commencing an unlawful exercise of power or proceeding.

A court's formal statement of the legal rights or obligations of the parties, without directing any action or awarding damages.

A court order requiring a party to do or refrain from doing a specified act, often used to restrain unlawful administrative action.

Misuse of a lawful discretionary power through bad faith, irrelevant factors, or improper purpose, making the resulting decision vulnerable to review.