On 29 October 1968, the Government established the Commonwealth Administrative Review Committee, known as ‘The Kerr Committee. The Committee presented a plan for an entirely new system of administrative law that rested upon a fresh vision of the role that external review agencies should play in safeguarding the rights of the public regarding executive decision-making.
Three Acts were implemented by the Parliament.
The Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) established two bodies - an Administrative Appeals Tribunal to undertake merit review of a general range of Commonwealth decisions, and an Administrative Review Council to perform a research, advisory and coordination function.
The Ombudsman Act 1976 (Cth) established an Ombudsman to investigate complaints of maladministration by Commonwealth government agencies.
The Administrative Decisions (Judicial Review) Act 1977 (Cth) conferred upon the newly-created Federal Court a reformed jurisdiction to undertake judicial review of Commonwealth decision-making.
Purpose of Administrative Law
Administrative Law concerns the relationship between the government and the public. It refers to a wide range of controls exercisable by the law over the powers and procedures of government decision-makers and administrators. It constitutes a means of protecting the rights of the public by making the government decision-makers accountable.
With the growth of technology, financial institutions and globalization, society is becoming more complex, the role of government has expanded in terms of regulation and intervention. This has led to a growth in the number of bureaucratic decision makers which in turn led to an expansion in controls over administrative actions to counter balance the power of the decision makers.
The Kerr and Bland Committees saw that the purpose of Administrative Law was to protect citizens against government, when government was