What it does
The Administrative Law Act 1978 establishes a statutory framework for the Supreme Court of Victoria to review decisions made by qualifying administrative tribunals. At its core, s. 3 permits any "person affected" by a tribunal decision to apply to the Supreme Court for an order for review. This order calls on the tribunal and any interested parties to show cause why the decision should not be reviewed.
Section 2 supplies the three central definitions that determine the Act's reach. A "decision" is defined expansively to mean a decision operating in law to determine a question affecting the rights of any person or to grant, deny, terminate, suspend or alter a privilege or licence; it expressly includes a refusal or failure to perform a duty or exercise a power. A "person affected" is a person (whether or not a party to the original proceeding) whose interest greater than that of the general public is or may be affected directly or indirectly to a substantial degree. The definition of "tribunal" is pivotal: it captures any person or body required by law (expressly or impliedly) to act in a judicial manner to the extent of observing one or more of the rules of natural justice. The definition expressly excludes courts of law, tribunals presided over by a Supreme Court Judge, Royal Commissions, Boards of Inquiry or Formal Reviews under the Inquiries Act 2014.
The review procedure is set out in s. 4. An application must be made ex parte within 30 days after notification of the decision or the reasons (whichever is later) and must be supported by affidavit evidence demonstrating a prima facie case for relief under s. 7. The Court retains a discretion under s. 4(2) to refuse the application even if a prima facie case exists if no matter of substantial importance is involved or if refusal would cause no substantial injustice. Subsections 4(3) and 4(4) impose stricter filters for Victorian Civil and Administrative Tribunal (VCAT) matters. Where the application concerns a Chapter 7 proceeding under the Australian Consumer Law and Fair Trading Act 2012 relating to a small claim or a credit enactment, or a proceeding or order under the Residential Tenancies Act 1997, the Court must refuse the application unless satisfied that the applicant has made out a prima facie case on the ground that the Tribunal lacked jurisdiction or there has been a denial of natural justice.