The Act creates an Administrative Appeals Division in the Magistrates Court that gives “interested persons” a statutory route to de novo review of broad classes of administrative “reviewable decisions.” Decision‑makers must notify affected persons and provide written reasons; the Court can affirm, vary, substitute or remit decisions, order disclosure, and limit publicity. Appeals to the Supreme Court are confined to questions of law. The law shifts administrative burdens onto agencies (reasons, disclosure, hearings) while giving regulated persons an accessible forum for substantive review.
This Act creates and governs an Administrative Appeals Division within the Magistrates Court, establishes its jurisdiction and procedures for reviewing administrative decisions made under other enactments, prescribes procedural rights and obligations for decision-makers and applicants, and provides for rules, regulations and transitional arrangements. Mechanically, it:
Establishes the Magistrates Court (Administrative Appeals Division) (s 7) and specifies that it is to be constituted by a magistrate (s 8).
Confers on that Court jurisdiction to review decisions where an enactment allows applications to be made to it for review of decisions or classes of decisions made by a specified decision-maker (s 10). The Act acknowledges that specific enactments may provide contrary provision and that the Act operates subject to those contrary provisions (s 11).
Defines the scope of “decision” and “decision‑maker” for review purposes (ss 4-5), including that a purported decision beyond power, a refusal to exercise power, or failure to decide within a statutory period may be treated as a decision for review (ss 4(2)-(5)).
Sets out pre‑review obligations on decision‑makers to notify interested persons of decisions and of review rights (s 12), and duties to provide written reasons on request within 28 days, with limited exceptions (ss 13-16).
Lays down the procedural architecture for applications to the Court: who may apply (interested persons) and the form and time limits (s 17), fees (s 18), and acceptance of late or extended time in defined circumstances (ss 19-20).
Imposes obligations on decision‑makers to lodge material documents with the Court once an application is made, and provides for objections to lodgment (ss 21-22).
Current sections
Direct links to the current provisions in Magistrates Court (Administrative Appeals Division) Act 2001.
(2) A reference in this Act to the exercise by the Court of its functions in relation to an enactment includes a reference both to its functions under the enactment and its functions under this Act in relation to the enactment.
(3) A reference (however described) in this Act to a decision made under an enactment is taken, in relation to a reviewable decision, to include a reference to any decision made in the exercise of functions identified by the enactment.
4
Meaning of "decision"
4 Meaning of "decision"
(1) A decision includes any of the following:
(a) making, suspending, revoking or refusing to make an order or determination;
(b) giving, suspending, revoking, terminating or refusing to give a certificate, direction, notice, approval, consent or permission;
(c) issuing, varying, suspending, cancelling, revoking or refusing to issue a licence, authority or other instrument;
(d) imposing a term, condition or restriction;
(e) making an assessment, declaration, demand, determination, reassessment, resolution or requirement;
(f) retaining, or refusing to deliver up, an article;
(g) doing, or refusing or failing to do, any other act or thing.
(2) For the purposes of this Act, a decision is made under an enactment if it is made in the exercise (or purported exercise) of a function conferred or imposed by or under the enactment.
(3) For the purposes of this Act (and without limiting subsection (2) ), a decision that purports to be made under an enactment is taken to be a decision made under the enactment even if the decision was beyond the power of the decision-maker to make it.
(4) For the purposes of this Act (and without limiting subsection (2) ), a refusal of a decision-maker to make a decision under an enactment because the decision-maker considers that the decision concerned cannot lawfully be made under the enactment is taken to be a decision made under the enactment to refuse to make the decision requested.
(5) For the purposes of this Act, a failure by a decision-maker to make a decision –
(a) within the period specified by the enactment concerned for making the decision is taken to be a decision by the decision-maker at the end of the period to refuse to make the decision; or
(b) in respect of which there is no law that fixes a period within which the decision is to be made, within a reasonable time is taken to be a decision by the decision-maker to refuse to make the decision; or
(c) within the period extended by the Court under section 19 is taken to be a decision by the decision-maker at the end of that period to refuse to make the decision.
5
Meaning of "decision-maker"
5 Meaning of "decision-maker"
(1) A decision-maker, in relation to a reviewable decision, is the person or body that makes (or is taken to have made) the decision under the enactment concerned.
(2) The person or body specified by an enactment as a person or body whose decisions are reviewable decisions is taken to be the only decision-maker in relation to the making of a reviewable decision even if some other person or body also had a role in the making of the decision.
6
Act binds Crown
6 Act binds Crown
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Part 2
Establishment of administrative appeals division of the magistrates court
Part 2 Establishment of administrative appeals division of the magistrates court
7
Establishment of Administrative Appeals Division of Magistrates Court
7 Establishment of Administrative Appeals Division of Magistrates Court
There is established a division of the Magistrates Court to be known as the Magistrates Court (Administrative Appeals Division).
8
Composition of Court
8 Composition of Court
The Magistrates Court (Administrative Appeals Division) is to be constituted by a magistrate.
9
Jurisdiction of Court
9 Jurisdiction of Court
The Magistrates Court (Administrative Appeals Division) has the jurisdiction conferred on it by this Act.
Part 3
Jurisdiction of the Court
Part 3 Jurisdiction of the Court
10
Conferral of jurisdiction to review reviewable decisions
10 Conferral of jurisdiction to review reviewable decisions
(1) The Court has jurisdiction under an enactment to review a decision (or a class of decisions) if the enactment provides that applications may be made to it for a review of any such decision (or class of decisions) made by a decision-maker –
(a) in the exercise of functions conferred or imposed by or under the enactment; or
(b) in the exercise of any other functions of the decision-maker identified by the enactment.
(2) If an enactment makes provision for applications to be made to the Court in respect of a reviewable decision subject to certain conditions, the Court has jurisdiction under the enactment only if those conditions are satisfied.
(3) A provision of an enactment that provides that a decision-maker's decision is a reviewable decision extends to –
(a) a decision made by a person to whom the function of making the reviewable decision has been delegated; or
(b) if the provision specifies the decision-maker by reference to the holding of a particular office or appointment, a decision by any person for the time being acting in, or performing any of the duties of, the office or appointment; or
(c) a decision made by any other person authorised to exercise the function of making the reviewable decision.
(4) If a decision-maker makes a reviewable decision by reason of holding or performing the duties of an office or appointment and then ceases to hold or perform the duties of the office or appointment, this Act has effect as if the decision had been made by –
(a) the person for the time being holding or performing the duties of that office or appointment; or
(b) if there is no person for the time being holding or performing the duties of that office or appointment, or the office no longer exists, such person as the Court specifies.
11
When enactment taken to make contrary provision to this Act
11 When enactment taken to make contrary provision to this Act
(1) The provisions of this Act have effect subject to any contrary provision being made in a relevant enactment.
(2) This section applies to a provision of a relevant enactment whether enacted before or after the commencement of this section.
(3) In this section –
relevant enactment means an enactment under which the Court has jurisdiction to review a reviewable decision, or that otherwise deals with the jurisdiction of the Court.
Part 4
Process for review of reviewable decisions
Part 4 Process for review of reviewable decisions
Division 1
Role of decision-makers
Division 1 Role of decision-makers
Subdivision 1
Information concerning decision and review rights
Subdivision 1 Information concerning decision and review rights
12
Notice of decision and review rights to be given by decision-maker
12 Notice of decision and review rights to be given by decision-maker
(1) A decision-maker who makes a reviewable decision must take such steps as are reasonable in the circumstances to give any interested person notice, in writing, of the following:
(a) the decision;
(b) the right of the person to have the decision reviewed;
(c) the right of the person to make a written request to the decision-maker for a statement of the reasons for the decision.
(2) However, a decision-maker does not have to give a notice under subsection (1) in relation to –
(a) a decision that is taken by this or any other Act to be made because the decision-maker has failed to make a decision within the time limit for making the decision; or
(b) any of the following decisions, but only if the decision concerned does not adversely affect the interests of any interested person:
(i) a decision not to impose a liability, penalty or any kind of limitation on a person;
(ii) a decision making an adjustment to the level of periodic payments to be made to a person as a member of a class of persons where a similar adjustment is being made to the level of such payments to the other members of the class;
(iii) if an enactment establishes several categories of entitlement to a monetary or other benefit, a decision that determines a person to be in the most favourable of those categories; or
(c) any other decision or class of decisions prescribed by the regulations for the purposes of this paragraph.
(3) A contravention of this section does not affect the validity of any decision.
Subdivision 2
Duty to give reasons on request
Subdivision 2 Duty to give reasons on request
13
Duty of decision-maker to give reasons on request
13 Duty of decision-maker to give reasons on request
(1) If a decision-maker makes a reviewable decision, an interested person may make a written request to the decision-maker for a statement of the reasons for the decision.
(2) As soon as practicable (and in any event within 28 days) after receiving such a request, the decision-maker is to prepare a written statement of reasons for the decision and provide it to the person who requested the statement of reasons.
(3) The statement of reasons is to include –
(a) the findings on material questions of fact relating to the decision; and
(b) a reference to the evidence or other material on which any such findings were based; and
(c) the reasons for the decision.
(4) The regulations may –
(a) exclude any class of reviewable decisions from the application of this section; or
(b) alter the period within which a statement of reasons under this section must be given.
14
Decision-maker may refuse reasons in certain cases
14 Decision-maker may refuse reasons in certain cases
(1) A decision-maker may refuse to prepare and provide a statement of reasons requested by a person under this Division if –
(a) the decision-maker is of the opinion that the person is not entitled to be given the statement; or
(b) in the case of a decision the terms of which were recorded in writing and set out in a document that was provided to the person, the request was not made within 28 days after the person was provided with the document; or
(c) in any other case, the request was not made within a reasonable time after the decision was made.
(2) A decision-maker who refuses under subsection (1) to prepare and provide a statement of reasons must notify the person requesting the statement, in writing, of the decision-maker's refusal and the reasons for the refusal as soon as practicable (and in any event within 28 days) after the request.
(3) A decision-maker is not to refuse to prepare and provide a statement of reasons if –
(a) in the case of a refusal based on subsection (1)(a) , the Court declares, on an application made under section 15(1) , that the person who made the request was entitled to make the request; or
(b) in the case of a refusal based on subsection (1)(c) , the Court declares, on an application made under section 15(2) , that the person who made the request did so within a reasonable time.
(4) If a decision-maker cannot refuse to comply with a request for a statement of reasons because of a decision of the Court referred to in subsection (3) , the decision-maker must prepare the written statement of reasons that was originally requested and provide it to the person who requested it as soon as practicable (and in any event within 28 days) after the Court's decision.
15
Court may determine whether person entitled to reasons or made request within reasonable time
15 Court may determine whether person entitled to reasons or made request within reasonable time
(1) The Court may, on the application of a person who has received notification under section 14(2) , make an order declaring that the person was, or was not, entitled to make the request to which the notification relates.
(2) The Court may, on the application of a person who has been refused a statement of reasons under section 14(1)(c) on the basis that the person did not make the request within a reasonable time, make an order declaring that the person did make the request within a reasonable time.
16
Court may order decision-maker to provide statement of reasons or adequate statement of reasons
16 Court may order decision-maker to provide statement of reasons or adequate statement of reasons
(1) If an interested person has requested a statement of reasons under section 13 but has not received it within the period specified by or under that section, the Court may (on the application of the person) order the decision-maker concerned to provide the statement of reasons within such time as may be specified in the order.
(2) If an interested person who requested a statement of reasons under section 13 is given an inadequate statement of reasons, the Court may (on the application of the person) order the decision-maker concerned to provide an adequate statement of reasons within such time as may be specified in the order.
(3) For the purposes of this section, a statement of reasons is an adequate statement of reasons only if it includes the matters referred to in section 13(3) .
Division 2
Role of Court
Division 2 Role of Court
17
Applications for review
17 Applications for review
(1) A person may apply to the Court for a review of a reviewable decision only if –
(a) the application is made by an interested person; and
(b) the application is made in the manner prescribed by the rules of court; and
(c) the application is made within the prescribed period.
(a) if the person has requested a statement of reasons under section 13 and was provided with that statement or notified under section 14 of a refusal to provide reasons, 28 days from the date on which the statement of reasons was provided or notification of the refusal to provide reasons was given; or
(b) if the person has not requested a statement of reasons under section 13 , 28 days from the date on which the person was notified of the making of the reviewable decision.
18
Fees for applications
18 Fees for applications
(1) An application to the Court cannot be made unless the fee prescribed by the regulations (if any) in respect of the application is paid.
(2) An application in respect of which a fee is waived under the regulations (whether at the time of lodgment or otherwise) is taken to be made at the time the application is lodged with the Court.
19
Extension of time
19 Extension of time
Despite section 4(5)(a) or (b) , the Court may, on application in writing by a decision-maker, extend the period within which the decision-maker may make the decision if the Court is of the opinion that the decision-maker has provided a reasonable explanation for the delay in making the decision.
20
Late applications to Court
20 Late applications to Court
(1) Despite section 17(1)(c) , the Court may, on application in writing by an interested person seeking to make a late application to the Court, extend the period within which the person may make an application if the Court is of the opinion that the person has provided a reasonable explanation for the delay in making the application.
(2) The period within which an application for a review of a reviewable decision may be made may be extended under subsection (1) although that period has expired.
(3) In this section –
late application means an application not made within the prescribed period as defined in section 17(2) .
20A
Court may make application under Vexatious Proceedings Act 2011
20A Court may make application under Vexatious Proceedings Act 2011
Duty of decision-maker to lodge material documents with Court where decision reviewed
21 Duty of decision-maker to lodge material documents with Court where decision reviewed
(1) A decision-maker whose reviewable decision is the subject of an application for review to the Court must, within 28 days after receiving notice of the application, lodge with the Court –
(a) a copy of any statement of reasons given to the applicant under section 13 (or, if no such statement was given to the applicant, a statement of reasons including the matters referred to in section 13(3) ); and
(b) a copy of every document or part of a document that is in the possession, or under the control, of the decision-maker that the decision-maker considers to be relevant to the determination of the application by the Court.
(2) If the applicant has not been given a statement of reasons under section 13 , the Court may direct that a copy of the statement of reasons lodged with the Court under subsection (1)(a) be given to the applicant within such period or periods as the Court directs.
(3) If the Court considers that a party to the proceedings would or might suffer hardship if the period of 28 days provided by subsection (1) is not shortened or extended, the Court may, at the request of the party, make an order directing that the documents referred to in that subsection be lodged with the Court within such shorter or extended period as is specified in the order.
(4) If the Court considers that other particular documents (or that other documents included in a particular class of documents) may be relevant to the determination of the application, it may cause a notice in writing to be served on the decision-maker –
(a) stating that the Court is of that opinion; and
(b) directing the decision-maker concerned to lodge with the Court, before a date specified in the notice, a copy of each of those other documents that is in the possession, or under the control, of the decision-maker.
(5) The registrar of the Court is to grant reasonable access to the applicant in the proceedings to any document lodged under this section by a decision-maker.
reasonable access includes, but is not limited to, enabling the applicant to make a photocopy of a document during ordinary business hours.
(7) If a party to proceedings before the Court seeks a summons under section 41 against a decision-maker for the production of any document and a copy of that document has been lodged with the Court under subsection (1) or (4) , the Court may (on such conditions as it considers appropriate) direct the registrar to grant the party access to its copy of the document instead of issuing a summons if access to the document could lawfully be required by the issue of a summons.
(8) Nothing in this section requires the disclosure of, or the granting of access to, any document in contravention of any of the following:
(9) For the purposes of this section, a reference to a document in the possession of a decision-maker includes a reference to a document to which the decision-maker has an immediate right of access.
22
Objections to lodgment
22 Objections to lodgment
(1) A decision-maker may apply to the Court before the expiry of the period referred to in section 21(1) for an order that the decision-maker not be required to lodge a document under section 21 .
(2) On any such application, the Court may make an order that a document not be lodged with the Court if it considers that, if an application were made under subsection (2) of section 36 , it would be appropriate to make an order under that subsection prohibiting or restricting the publication or disclosure of evidence of the document.
23
Stay of decision
23 Stay of decision
(1) Subject to any other enactment, the making of an application to the Court for a review of a reviewable decision does not –
(a) affect the operation of the decision; or
(b) prevent the taking of action to implement the decision.
(a) may, by order, suspend the operation of the decision; and
(b) may order a stay of any proceeding under the decision.
(3) The Court may make the order –
(a) of the Court's own motion; or
(b) on the application of the person who made the application for a review of the reviewable decision.
24
Restrictions on ordering stay of proceedings
24 Restrictions on ordering stay of proceedings
(1) The Court may not –
(a) make an order under section 23 unless the decision-maker who made the decision to which such an order would relate has been given a reasonable opportunity to make submissions in relation to the matter; or
(b) make an order varying or revoking an order in force under section 23 (including an order as varied) unless the following persons have been given a reasonable opportunity to make submissions in relation to the matter:
(i) the decision-maker who made the decision to which such an order would relate;
(ii) the person who requested the making of the order;
(iii) if the order has previously been varied by an order or orders under section 23 , the person or persons who requested the making of the only, or the later or latest, such order.
(2) This section does not prevent the Court from making an order under section 23 without giving to any person referred to in subsection (1) a reasonable opportunity to make submissions in relation to a matter if the Court is satisfied that, because of the urgency of the case or otherwise, it is not practicable to give the person such an opportunity.
(3) If an order under this section is made without giving such an opportunity to the decision-maker who made the decision to which the application relates, the order does not take effect until a notice setting out the terms of the order is served on the decision-maker.
25
Conditions of stay order
25 Conditions of stay order
(1) An order in force under section 23 (including an order that has previously been varied on one or more occasions) is subject to such conditions as are specified in the order.
(2) Any such order has effect –
(a) if a period for the operation of the order is specified in the order, until the expiration of that period or, if the application for a review of a reviewable decision is decided by the Court before the expiration of that period, until the decision of the Court on the application takes effect; or
(b) if no period is so specified, until the decision of the Court on the application takes effect.
Subdivision 3
Powers on review
Subdivision 3 Powers on review
26
Determination of review by Court
26 Determination of review by Court
(1) A review of a decision by the Court is to be by way of hearing de novo.
(2) In determining an application for a review of a reviewable decision, the Court may exercise all of the functions that are conferred or imposed by any relevant enactment on the decision-maker who made the decision.
(3) In determining an application for a review of a reviewable decision, the Court may decide –
(a) to affirm the reviewable decision; or
(b) to vary the reviewable decision; or
(c) to set aside the reviewable decision and make a decision in substitution for the reviewable decision it set aside; or
(d) to set aside the reviewable decision and remit the matter for reconsideration by the decision-maker in accordance with any directions or recommendations of the Court.
27
Application of Government policy
27 Application of Government policy
(1) In determining an application for a review of a reviewable decision, the Court must give effect to any relevant Government policy in force at the time the reviewable decision was made except to the extent that the policy is contrary to law or the policy produces an unjust decision in the circumstances of the case.
(2) The Premier or any other Minister may certify, in writing, that a particular policy was Government policy in relation to a particular matter.
(3) The certificate is evidence of the Government policy concerned and the Court is to take judicial notice of the contents of that certificate.
(4) In determining an application for a review of a reviewable decision, the Court may have regard to any other policy applied by the decision-maker in relation to the matter concerned except to the extent that the policy is contrary to Government policy or to law or the policy produces an unjust decision in the circumstances of the case.
(5) In this section –
Government policy means a policy adopted by –
(a) the Cabinet; or
(b) the Premier or any other Minister –
that is to be applied in the exercise of discretionary powers by decision-makers.
28
Power to remit matters to decision-maker for further consideration
28 Power to remit matters to decision-maker for further consideration
(1) At any stage of proceedings to determine an application for a review of a reviewable decision, the Court may remit the decision to the decision-maker who made it for reconsideration of the decision by the decision-maker.
(2) If a decision is so remitted to a decision-maker, the decision-maker may reconsider the decision and may –
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision and make a new decision in substitution for the decision set aside.
(3) If the decision-maker varies the decision –
(a) the application is taken to be an application for review of the decision as varied; and
(b) the person who made the application may either –
(i) proceed with the application for review of the decision as varied; or
(ii) withdraw the application.
(4) If the decision-maker sets the decision aside and makes a new decision in substitution for the decision set aside –
(a) the application is taken to be an application for review of the new decision; and
(b) the person who made the application may either –
(i) proceed with the application for review of the new decision; or
(ii) withdraw the application.
29
Effect of review decision
29 Effect of review decision
(1) Subject to subsection (2) , a decision determining an application for a review of a reviewable decision takes effect on the date on which it is given or such later date as may be specified in the decision.
(2) If any such decision varies, or is made in substitution for, a decision-maker's decision, the decision of the Court is taken –
(a) to be the decision of the decision-maker (other than for the purposes of a review under this Part); and
(b) to have had effect as the decision of the decision-maker on and from the date of the decision-maker's actual decision, unless the Court orders otherwise.
Part 5
Procedure of Court generally
Part 5 Procedure of Court generally
30
Parties to proceedings before Court
30 Parties to proceedings before Court
(1) The parties to proceedings before the Court for a review of a reviewable decision are –
(a) any person who, being entitled to do so, has duly applied to the Court for a review of the decision; and
(b) the decision-maker who made the decision; and
(c) any other person who has been made a party to the proceedings by the Court in accordance with subsection (2) ; and
(d) any person specified by or under any enactment as a party to the proceedings.
(2) The Court may, by order, make a person who is not a party to proceedings for a review of a reviewable decision a party to the proceedings, either of its own motion or on the written application of the person, if it is satisfied that the interests of the person are affected by the reviewable decision.
(3) A person who is a party to proceedings before the Court –
(a) by reason of a decision made by the person in the performance of the duties of an office or appointment; or
must be described in the proceedings by the person's official title.
31
Opportunity of parties to make submissions
31 Opportunity of parties to make submissions
The Court must ensure that every party to proceedings before the Court is given a reasonable opportunity –
(a) to present the party's case (whether at a hearing or otherwise); and
(b) to make submissions in relation to the issues in the proceedings.
32
Representation before Court
32 Representation before Court
(1) At the hearing of a proceeding before the Court, a party to the proceeding may –
(a) appear in person; or
(b) unless any enactment specifically states to the contrary, be represented by a legal practitioner; or
(c) if any enactment specifically allows it, be represented by some other class of person specified in that enactment.
(2) Despite subsection (1)(b) and (c) , the Court may order that the parties to the proceedings before it may not be represented by a legal practitioner or particular class of person if the Court considers it appropriate.
33
Notice of application to be served on other parties
33 Notice of application to be served on other parties
(1) The registrar must cause notice of an application to the Court to be served on any party (other than the applicant) to the proceedings within such time and in such manner as may be prescribed by the rules of court.
(2) It is sufficient compliance with subsection (1) if –
(a) the registrar directs the applicant to serve notice referred to in subsection (1) on another party on the registrar's behalf; and
(b) notice is served on the other party by the applicant in accordance with the rules of court referred to in subsection (1) .
34
Procedure of Court generally
34 Procedure of Court generally
(1) The Court may, subject to this Act and the rules of court, determine its own procedure.
(2) The Court is not bound by the rules of evidence and may inquire into and inform itself on any matter in such manner as it thinks fit, subject to the rules of natural justice.
(3) The Court is to act with as little formality as the circumstances of the case permit and according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.
(4) The Court is to take such measures as are reasonably practicable –
(a) to ensure that the parties to the proceedings before it understand the nature of the assertions made in the proceedings and the legal implications of those assertions; and
(b) if requested to do so, to explain to the parties any aspect of the procedure of the Court, or any decision or ruling made by the Court, that relates to the proceedings; and
(c) to ensure that the parties have the fullest opportunity practicable to be heard or otherwise have their submissions considered in the proceedings.
(5) The Court –
(a) is to act as quickly as is practicable; and
(b) is to ensure that all relevant material is disclosed to the Court so as to enable it to determine all of the relevant facts in issue in any proceedings; and
(c) may require evidence or argument to be presented in writing and decide on the matters on which it will hear oral evidence or argument; and
(d) in the case of a hearing, may require the presentation of the respective cases of the parties before it to be limited to the periods of time that it determines are reasonably necessary for the fair and adequate presentation of the cases; and
(e) may require a document to be served outside the State; and
(f) may adjourn proceedings to any time and place (including for the purpose of enabling the parties to negotiate a settlement); and
(g) may dismiss at any stage any proceedings before it if the applicant withdraws the application to which the proceedings relate; and
(h) may dismiss at any stage any proceedings before it if it considers the proceedings to be frivolous or vexatious or otherwise misconceived or lacking in substance.
35
Preliminary conferences
35 Preliminary conferences
(1) The Court may, before formally commencing to determine an application, confer informally with the parties to the proceedings in a preliminary conference and make any determination with respect to the proceedings that is agreed to by the parties.
(2) A determination is not to be made under this section unless the Court is satisfied that the determination is in the best interests of the person whose interests are considered by the Court to be paramount.
(3) If the proceedings are not determined under this section and proceed for a formal determination by the Court, evidence is not to be given, and statements are not to be made, concerning any words spoken or acts done at a conference held in accordance with this section unless the parties otherwise agree.
36
Proceedings on hearing to be conducted in public
36 Proceedings on hearing to be conducted in public
(1) If proceedings before the Court are to be determined by holding a hearing, the hearing is to be open to the public.
(2) However, if the Court is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, it may (of its own motion or on the application of a party) make any one or more of the following orders:
(a) an order that the hearing be conducted wholly or partly in private;
(b) an order prohibiting or restricting –
(i) the disclosure of the name, address, picture or any other material that identifies, or may lead to the identification of, any person (whether or not a party to proceedings before the Court or a witness summoned by, or appearing before, the Court); or
(ii) the doing of any other thing that identifies, or may lead to the identification of, any such person;
(c) an order prohibiting or restricting the publication or broadcast of any report of proceedings before the Court;
(d) an order prohibiting or restricting the publication of evidence given before the Court, whether in public or in private, or of matters contained in documents lodged with the Court or received in evidence by the Court;
(e) an order prohibiting or restricting the disclosure to some or all of the parties to the proceedings of evidence given before the Court, or of the contents of a document lodged with the Court or received in evidence by the Court, in relation to the proceedings.
(3) The Court may from time to time vary or revoke an order made under subsection (2) .
37
Circumstances in which hearing may be dispensed with
37 Circumstances in which hearing may be dispensed with
The Court may determine proceedings by considering the documents or other material lodged with or provided to the Court and without holding a hearing if it appears to the Court that the issues for determination can be adequately determined in the absence of the parties.
38
Amendments and irregularities
38 Amendments and irregularities
(1) The Court may, in any proceedings before it, make any amendments to the proceedings that the Court considers to be necessary in the interests of justice.
(2) Any such amendment may be made –
(a) at any stage of the proceedings (including the commencement or purported commencement of proceedings); and
(b) on such terms as the Court thinks fit (including, if it can award costs in the proceedings, terms as to costs).
(3) If this Act or the rules of court are not complied with in relation to the commencement (or purported commencement) of proceedings or conduct of proceedings before the Court, the failure to comply is to be treated as an irregularity and does not nullify the proceedings, any step taken in the proceedings or any decision in the proceedings.
(4) For the purposes of subsection (3) , the Court may wholly or partly set aside the proceedings, a step taken in the proceedings or a decision in the proceedings.
39
Orders for payment of money
39 Orders for payment of money
Where an order is made by the Court for the payment of a sum of money, the order is taken to be a judgment of the Magistrates Court (Civil Division) and is enforceable as provided by the Magistrates Court (Civil Division) Act 1992 .
40
Powers in relation to witnesses
40 Powers in relation to witnesses
(1) The Court may –
(a) call any witness of its own motion in any proceedings; and
(b) examine any witness on oath or affirmation, or by use of a statutory declaration, in any proceedings; and
(c) examine or cross-examine any witness to such extent as the Court thinks proper in order to elicit information relevant to the exercise of the functions of the Court in any proceedings; and
(d) compel any witness to answer questions which the Court considers to be relevant in any proceedings before it.
(2) If the Court decides to call a person as a witness under subsection (1)(a) , the Court may –
(a) seek to procure the voluntary attendance of the person before it by notifying the person in such manner as it thinks appropriate in the circumstances; or
(b) direct the registrar to issue a summons to compel the attendance of the person before it.
(3) Nothing in subsection (1) enables the Court to compel a witness to answer a question if the witness has a reasonable excuse for refusing to answer the question.
41
Issue of summons
41 Issue of summons
(1) A summons for the purposes of this Act may be issued by the registrar –
(a) on the application of a party to proceedings before the Court; or
(b) at the direction of the Court.
(2) Any such summons must be signed by the registrar or as otherwise provided by the rules of court.
(3) Any such summons may require a person to do any one or more of the following:
(a) attend and give evidence;
(b) attend and produce documents or other things.
(4) A person who, without reasonable excuse, fails to comply with the requirements of a summons is guilty of an offence.
Penalty: Fine not exceeding 10 penalty units.
(5) A summons may be served within or outside the State.
42
Power to impose conditions
42 Power to impose conditions
A power of the Court to make an order or other decision includes a power to make the order or other decision subject to such conditions as the Court specifies when making the order or other decision.
43
Powers when proceedings settled
43 Powers when proceedings settled
(1) The Court may, at any stage of proceedings before it, make such orders (including an order dismissing the application that is the subject of the proceedings) as it thinks fit to give effect to any agreed settlement reached by the parties to the proceedings if –
(a) the terms of the agreed settlement are reduced to writing, signed by or on behalf of the parties and lodged with the Court; and
(b) the Court is satisfied that it would have the power to make a decision in the terms of the agreed settlement or in terms that are consistent with the terms of the agreed settlement; and
(c) the Court is satisfied that the agreed settlement is in the best interests of the person whose interests are considered by the Court to be paramount.
(2) The Court may dismiss the application that is the subject of the proceedings if it is not satisfied that –
(a) it would have the power to make a decision in the terms of the agreed settlement or in terms consistent with the terms of the agreed settlement; or
(b) the agreed settlement is in the best interests of the person whose interests it considers paramount.
(3) Nothing in this section affects the power of the Court to make a determination under section 35 to which the parties to the proceedings concerned agree.
44
Power to correct decisions of Court
44 Power to correct decisions of Court
(1) If, after the making of a decision by the Court, the Court is satisfied that there is an obvious error in the text of the decision or in a written statement of reasons for the decision, the Court may direct the registrar to alter the text of the decision or statement in accordance with the directions of the Court.
(2) If the text of a decision or statement is so altered, the altered text is taken to be the decision of the Court or the reasons for the decision, as the case may be.
(3) Examples of obvious errors in the text of a decision or statement of reasons are where –
(a) there is an obvious clerical or typographical error in the text of the decision or statement of reasons; or
(b) there is an error arising from an accidental slip or omission; or
(c) there is a defect of form; or
(d) there is an inconsistency between the decision and the statement of reasons.
45
Costs
45 Costs
(1) Subject to this section, each party is to bear their own costs in the proceeding.
(2) At any time, the Court may order that a party pay all or a specified part of the costs of another party in a proceeding.
(3) The Court may make an order under subsection (2) only if satisfied that it is fair to do so, having regard to –
(a) whether a party has conducted the proceeding in a way that unnecessarily disadvantaged another party to the proceeding by conduct such as –
(i) failing to comply with an order or direction of the Court without reasonable excuse; or
(ii) failing to comply with this Act, the rules of court or a relevant enactment; or
(v) attempting to deceive another party or the Court; or
(vi) vexatiously conducting the proceeding; and
(b) whether a party has been responsible for prolonging unreasonably the time taken to complete the proceeding; and
(c) the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law; and
(d) the nature and complexity of the proceeding; and
(e) any other matter the Court considers relevant.
(4) If the Court considers that the representative of a party, rather than the party, is responsible for conduct described in subsection (3)(a) or (b) , the Court may order that the representative in his or her own capacity compensate another party for any costs incurred unnecessarily.
(5) Before making an order under subsection (4) , the Court is to give the representative a reasonable opportunity to be heard.
(6) If the Court makes an order for costs before the end of a proceeding, the Court may require that the order be complied with before it continues with the proceeding.
(7) In this section –
relevant enactment means an enactment under which the Court has jurisdiction to review a reviewable decision, or that otherwise deals with the jurisdiction of the Court.
46
Court to give decision determining application
46 Court to give decision determining application
(1) If the Court determines an application for the review of a reviewable decision, the Court is to cause a copy of its decision to be served on each party to the proceedings for the decision.
(2) The Court may give reasons either orally or in writing for its decision.
(3) If the Court does not give reasons in writing for its decision –
(a) a party to the proceedings may, within 28 days after the day on which a copy of the decision of the Court is served on that party, request the Court to give the party a statement in writing of the reasons of the Court for its decision; and
(b) the Court must, within 28 days after receiving the request, give the party such a statement.
(4) For the purposes of compliance with subsection (3) , it is sufficient if the Court gives the party a copy of a transcript of oral reasons previously delivered that complies with subsection (5) .
(5) If the Court gives the reasons for its decision in writing under subsection (2) , the written reasons are to set out the following:
(a) the findings on material questions of fact, referring to the evidence or other material on which those findings were based;
(b) the Court's understanding of the applicable law;
(c) the reasoning processes that led the Court to the conclusions it made.
Part 6
Appeals to supreme court
Part 6 Appeals to supreme court
47
Appeals to Supreme Court from decisions of Court
47 Appeals to Supreme Court from decisions of Court
(1) Except as provided otherwise in this section or any other enactment, a decision of the Court in respect of an application for review under this Act is final.
(2) A party to a proceeding before the Court may appeal to the Supreme Court, on a question of law, from a decision of the Court in that proceeding.
(3) An appeal by a person under subsection (2) is to be instituted –
(a) not later than 28 days after the day on which a document setting out the terms of the decision of the Court is given to the person or within such further time as the Supreme Court (whether before or after the expiration of that day) allows; and
(b) subject to and in accordance with the Rules of the Supreme Court.
(4) The Supreme Court is to hear and determine the appeal and may make such order as it thinks appropriate.
48
Operation and implementation of decision that is subject to appeal
48 Operation and implementation of decision that is subject to appeal
(1) Subject to this section, the institution of an appeal to the Supreme Court from a decision of the Court does not affect the operation of the decision or prevent the taking of action to implement the decision.
(2) If an appeal is instituted in the Supreme Court from a decision of the Court, the Supreme Court may make such order as the Supreme Court considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal, or staying or otherwise affecting the operation or implementation of either or both of the following:
(a) the decision of the Court or part of that decision;
(b) the decision to which the proceeding before the Court related or a part of that decision.
(3) If an order is in force under subsection (2) (including an order that has previously been varied on one or more occasions under this subsection) the Supreme Court may make an order varying or revoking the first-mentioned order.
49
Questions reserved for opinion of Supreme Court
49 Questions reserved for opinion of Supreme Court
(1) The Court may, if it thinks fit, reserve a question in the form of a special case for the opinion of the Supreme Court.
(2) A decision or order is not to be given or made in respect of any matter on which a question referred to in subsection (1) has been reserved until the Supreme Court gives its opinion on the question.
Part 7
Miscellaneous
Part 7 Miscellaneous
50
References to application in enactments
50 References to application in enactments
(1) An application to the Court includes a complaint, referral or other mechanism by means of which an enactment provides for a matter to be brought to the attention of the Court for a review of a reviewable decision.
(2) If an enactment provides that an application may be made to the Court, but does so by reference to some word or expression other than "application" or some other part of speech or grammatical forms of that word or expression –
(a) the rules of court may refer to such applications by reference to the word or expression used in the enactment (or some other part of speech or grammatical forms of that word or expression); and
(b) the regulations may refer to such applications by reference to the word or expression used in the enactment (or some other part of speech or grammatical forms of that word or expression); and
(c) any notice or other document issued, lodged, served or given under this Act in relation to such applications may refer to the applications by reference to the word or expression used in the enactment (or some other part of speech or grammatical forms of that word or expression).
(b) the practice and procedure to be followed in, or for the purposes of, proceedings before the Court;
(c) the means for, and the practice and procedure to be followed in, the enforcement and execution of decisions of the Court;
(d) the functions of the registrar or other officers under this Act, including functions in relation to proceedings instituted before the Court.
52
Regulations
52 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting subsection (1) , the regulations may prescribe the fees payable in respect of an application to the Court.
(3) The regulations may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.
(4) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Chief Magistrate or the Administrator.
(5) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(6) A provision referred to in subsection (5) may, if the regulations so provide, take effect from the commencement of this Act or a later day.
(a) the administration of this Act is assigned to the Minister for Justice and Industrial Relations; and
(b) the department responsible to the Minister for Justice and Industrial Relations in relation to the administration of this Act is the Department of Justice and Industrial Relations.
54
Transitional: Appeals and reviews
54 Transitional: Appeals and reviews
Any appeals lodged or reviews commenced under any Act before the commencement of this Act and not finally dealt with before that commencement are to be dealt with as if this Act had not been enacted.
transition day means the day on which Part 6 of the Transition Act commences.
(2) Notwithstanding the amendments made to this Act by Part 6 of the Transition Act, the old rules –
(a) continue in force on and after the transition day until new rules take effect; and
(b) may be amended by the Magistrates Rule Committee, for which purpose the committee has and may exercise any power expressly or impliedly conferred on it under section 15AE of the Magistrates Court Act 1987 .
(3) The Magistrates Rule Committee may rescind the old rules.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Magistrates Court (Administrative Appeals Division) Act 2001 .
2 Commencement
2 Commencement
This Act commences on a day to be proclaimed.
3 Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears –
Administrator means the Administrator of the Magistrates Court;
application – see section 50 ;
approved means approved by the Chief Magistrate;
Chief Magistrate means the Chief Magistrate of the Magistrates Court;
Court means the Magistrates Court (Administrative Appeals Division);
decision has the meaning given by section 4 ;
decision-maker has the meaning given by section 5 ;
enactment means an Act (other than this Act) or a statutory rule (other than a statutory rule made under this Act);
exercise a function includes perform a duty;
function includes a power, authority or duty;
interested person means a person who is entitled under an enactment to make an application to the Court for a review of a reviewable decision;
[Section 3 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008]
Provides that applications for review are heard de novo, and grants the Court all functions conferred on the original decision‑maker, including power to affirm, vary, set aside and substitute decisions, or remit matters for reconsideration (ss 26-28). The Court’s determinations take effect and, in some circumstances, are treated as the decision‑maker’s decision from the original date (s 29).
Regulates procedure, public hearings, evidence, representation, summoning of witnesses, costs and access to reasons of decision both from decision‑makers and the Court (Parts 4-6, including ss 30-46).
Limits finality of the Court’s decision: the Act makes the Court’s decisions final except where a party appeals to the Supreme Court on a question of law within prescribed time and Rules of the Supreme Court (s 47). It also allows the Supreme Court to make orders to secure the effectiveness of appeals (s 48).
Authorises rules of court and regulations, including fees, delegations to the Chief Magistrate or Administrator, and transitional provisions (ss 50-55, 51-52). Administration is assigned initially to the Minister and department specified until further administrative arrangements are made (s 53).
Those are the mechanical changes effected by the statutory text. The Act creates a single judicial vehicle for reviewing reviewable decisions under other enactments, provides remedies and process, and builds a framework for notice, reasons and disclosure. The Act embeds specific procedural choices,de novo hearing, statutory time frames for reasons and lodging, fees and costs regimes, and a role for Government policy to be taken into account by the Court (see s 27),and delegates many procedural specifics to rules and regulations (ss 51-52).
Main concepts
The Act defines and organises several central legal and procedural concepts that determine how administrative review operates under the Division.
Decision and decision‑maker
“Decision” is given a broad statutory meaning (s 4(1)), encompassing orders, certificates, licences, assessments, retention of articles, refusals and omissions (s 4(1)(a)-(g)). The Act treats a purported decision made beyond power as a decision under the enactment for review purposes (s 4(3)). It also treats constructive refusals and failures to make decisions within prescribed or reasonable timeframes as decisions (ss 4(4)-(5)).
“Decision‑maker” is the person or body that makes, or is taken to have made, the reviewable decision under the relevant enactment (s 5(1)). Where an enactment specifies an office or appointment, the person acting in the office at the time is treated as the decision‑maker (s 5(2)).
Reviewable decision and jurisdiction
The Court’s jurisdiction arises only where another enactment provides for application to the Court for review of a decision or class of decisions (s 10(1)). If that enactment imposes conditions on applications, the Court has jurisdiction only when those conditions are met (s 10(2)). Provisions in other enactments which are contrary may displace aspects of this Act (s 11).
Notice and reasons regime
Decision‑makers must take reasonable steps to give interested persons written notice of the decision, the right to review and the right to request a written statement of reasons (s 12). Exceptions are provided for some classes of decisions and where a decision is a constructive refusal (s 12(2)-(3)).
Interested persons may request reasons in writing and decision‑makers must provide a written statement of reasons as soon as practicable and in any event within 28 days (s 13(1)-(2)). Required content is prescribed (findings of fact, reference to evidence, reasons) (s 13(3)). Regulations may exclude classes or alter time limits (s 13(4)).
Decision‑makers may refuse requests in limited circumstances (entitlement, late request for reasons already provided in writing, or reasonable time not met) but must notify the requester and are subject to Court review of the refusal (s 14-16).
Application mechanics and timing
An application to the Court must be made by an interested person, in the form and manner prescribed by rules, and within the prescribed period (s 17(1)). The prescribed period is 28 days from receipt of reasons or from the date of notification if no reasons were requested (s 17(2)).
Fees for applications are prescribed by regulations and payment is prerequisite to making an application (s 18). Regulations can waive fees (s 18(2)).
The Court has power to extend timeframes (for decision‑makers making decisions, s 19; for late applications by applicants, s 20). The Act explicitly allows the Administrator to apply to the Supreme Court for a vexatious proceedings order on receipt of an application (s 20A).
Remedies, de novo review and treatment of outcomes
Reviews are de novo (s 26(1)). The Court can exercise all functions of the decision‑maker under relevant enactments (s 26(2)) and can affirm, vary, set aside and substitute a decision, or remit it for reconsideration (s 26(3)). When the Court varies or substitutes a decision, that decision is treated as the decision of the decision‑maker and, unless the Court orders otherwise, operates back to the date of the original decision (s 29(2)).
Procedural posture and evidence
The Court is not bound by rules of evidence and may inform itself as it thinks fit subject to natural justice (s 34(2)-(3)). Hearings are public unless the Court makes orders for privacy or restriction for confidentiality or other reasons (s 36). The Court may dispense with hearings where issues can be determined from documents (s 37).
Government policy and judicial notice
The Court must give effect to relevant Government policy in force when the reviewable decision was made, unless contrary to law or producing an unjust decision (s 27(1)). Ministers may certify that a policy was Government policy in relation to a matter, a certificate the Court must accept as evidence and of which it must take judicial notice (ss 27(2)-(3)).
Access, disclosure and document handling
Decision‑makers must lodge statements of reasons and relevant documents with the Court within 28 days of notice of application (s 21(1)). The Court may direct provision to the applicant and order further documents to be lodged (ss 21(2)-(4)). The registrar must grant reasonable access to applicants to documents (s 21(5)-(6)). Decision‑makers may apply to withhold or restrict lodgment on confidentiality grounds (s 22) and the Court may make protective orders (s 36(2)).
Costs, enforcement and appeals
Costs are generally each party bears their own (s 45(1)), but the Court may order costs where fairness requires (s 45(2)-(3)); the Court can also require representatives to pay costs personally in some circumstances (s 45(4)-(5)).
The Court’s decisions are final subject to appeal to the Supreme Court on questions of law (s 47). The Supreme Court may make orders to secure the effectiveness of appeals, including stays (s 48).
Delegation, rules and regulation
Many procedural and fee matters are delegated to rules of court made by the Magistrates Rule Committee and regulations made by the Governor; regulations can authorise determinations by the Chief Magistrate or Administrator (ss 51-52). Administration is assigned to a Minister and department until administrative arrangements change (s 53).
These concepts structure how administrative decisions are challenged, what process applies, which remedies are available, and how procedural and evidentiary discretion is exercised.
Who it affects
The Act’s stakeholders are the people and bodies that make reviewable decisions, those who are eligible to apply for review, court personnel, and third parties whose interests may be implicated by proceedings.
Decision‑makers and their organisations
Any person or body who makes a decision under an enactment that provides for application to the Court will be a decision‑maker as defined by the Act (s 5(1)). The Act expressly treats persons exercising functions by delegation or acting in an office as decision‑makers for the purpose of jurisdictional questions (s 10(3)-(4); s 5(2)). That means public authorities and officers whose decisions are identified by other enactments will be directly affected by duties in the Act: to notify (s 12), to provide reasons on request within 28 days (s 13), to lodge material with the Court after an application (s 21), and to comply with summonses (s 41).
Applicants and interested persons
The right to apply lies with an “interested person”, defined in s 3 as a person entitled under an enactment to make an application to the Court for review of a reviewable decision. Section 17(1)(a) repeats that limitation, so only those given standing by the substantive enactment will be able to initiate a review. Applicants face procedural prerequisites: comply with rules of court, apply within prescribed period (s 17), and pay any prescribed fee (s 18). If an applicant requests reasons and receives them, the prescribed period to apply is 28 days from the date of provision of reasons (s 17(2)(a)).
Parties, third parties and witnesses
The decision‑maker and any applicant are parties (s 30(1)(a)-(b)). The Court has power to add other persons it is satisfied have their interests affected by the decision (s 30(2)). That brings private third parties within proceedings where their interests are impacted. The Court can summon witnesses and obtain documents (ss 40-41). Documents lodged by decision‑makers are accessible to applicants, with “reasonable access” including making photocopies during ordinary business hours (s 21(5)-(6)). However, protective orders can limit disclosure (ss 22; 36(2)); the Act permits the Court to prohibit publication, identify restrictions or limit disclosure to some or all parties (s 36(2)(b)-(e)).
Legal representatives, registrars and court officers
Parties may be represented by legal practitioners unless an enactment provides otherwise (s 32(1)(b)). The Court may forbid representation by lawyers or particular classes if appropriate (s 32(2)), giving the Court control over representation in the interest of justice or practicality. Registrars (defined in s 3) have administrative duties: service of notices (s 33), issuance of summonses (s 41), maintaining lodged materials and granting access (s 21, s 41). The Magistrates Rule Committee is empowered to make rules for practice and procedure (s 51), which affects how court staff and practitioners operate.
Executive government and Ministers
The Premier or any other Minister may certify Government policy that the Court must take into account and judicially notice (s 27(2)-(3)). Regulations may authorise the Chief Magistrate or Administrator to determine matters (s 52(4)). Administration of the Act is initially assigned to a named Minister and department until an Administrative Arrangements Act order is made (s 53). These provisions embed executive engagement in review outcomes and the Court’s practice.
Magistrates and the Supreme Court
The Administrative Appeals Division is to be constituted by a magistrate (s 8), directly affecting magistrates’ workload and jurisdiction. Parties dissatisfied on questions of law can appeal to the Supreme Court within 28 days (s 47), so the Supreme Court and appellants are affected by the Division’s outputs.
Regulatory bodies and rule‑makers
The Governor may make regulations (s 52), and the Magistrates Rule Committee makes rules (s 51). Those instruments determine fees (s 52(2)), procedural detail, and can exclude classes of decisions from reasons duties (s 13(4)). This places administrative burden and discretion on those bodies to shape operational detail.
In summary, the Act sits at the intersection of administrative decision‑makers, affected private persons, court personnel and executive actors. It imposes specific notification, recordkeeping and disclosure duties on decision‑makers; creates a time‑sensitive application pathway and fee payment obligations for applicants; grants the Court broad evidentiary and remedial powers; and permits executive influence through policy certification and delegated regulatory instruments.
Key duties and rights
This section collects the Act’s principal statutory obligations and rights, with references to the specific provisions that create them.
Decision‑maker duties
Duty to give notice: A decision‑maker who makes a reviewable decision must take reasonable steps to give any interested person written notice of the decision, of the right to have it reviewed, and of the right to request written reasons (s 12(1)). Section 12(2) identifies limited categories of decisions for which notice is not required, and s 12(3) provides that failure to give notice does not affect the validity of the decision.
Duty to provide reasons on request: An interested person may make a written request for a statement of reasons (s 13(1)). The decision‑maker must prepare and provide that statement as soon as practicable and in any event within 28 days (s 13(2)). The statement must contain findings on material questions of fact, references to evidence or material relied on, and reasons for the decision (s 13(3)). Regulations may alter or exclude classes of decisions from this duty (s 13(4)).
Limited right to refuse requests for reasons: Decision‑makers may refuse a reasons request where the requester is not entitled, where a written document setting out the decision was provided and the request was not made within 28 days of provision, or where the request was not made within a reasonable time (s 14(1)). The decision‑maker must notify the requester of refusal and reasons within 28 days (s 14(2)). Court review can overturn refusals on entitlement and reasonable time grounds (s 14(3)-(4); s 15).
Obligation to lodge materials: On receipt of notice of an application for review, the decision‑maker must lodge with the Court within 28 days a copy of any statement of reasons given to the applicant (or, if none given, a statement that includes required matters) and copies of documents in the decision‑maker’s possession or control that the decision‑maker considers relevant to the determination (s 21(1)(a)-(b)). The registrar must grant reasonable access to these documents to the applicant (s 21(5)-(6)).
Right to seek orders to withhold documents: A decision‑maker may apply to the Court before the expiry of the 28‑day lodgment period for an order that it not be required to lodge a document (s 22(1)). The Court can order non‑lodgment where it would be appropriate to prohibit or restrict publication or disclosure (s 22(2)).
Applicant and interested person rights
Right to apply: Only an “interested person” as defined by the relevant enactment may apply to the Court for review (s 3 definition; s 17(1)(a)). The application must be made in the manner prescribed by rules and within the prescribed period (s 17(1)(b)-(c)).
Timing and cause to request reasons: An applicant may request reasons. If reasons are requested and provided (or a refusal notified), the prescribed period to apply is 28 days from the date reasons were provided or notification of refusal (s 17(2)(a)). If no reasons are requested, prescribed period is 28 days from notification of the decision (s 17(2)(b)).
Access to documents lodged with Court: The applicant has a right to reasonable access (including photocopying during business hours) to documents lodged by the decision‑maker (s 21(5)-(6)).
Right to seek Court orders for reasons: If reasons are not provided, the applicant can apply to the Court to order the decision‑maker to provide reasons or an adequate reasons statement (s 16).
Right to seek extension for late applications: The Court may extend prescribed periods for an interested person who seeks to make a late application if the person provides a reasonable explanation (s 20(1)). The period may be extended even after expiry (s 20(2)).
Court powers, duties and constraints
De novo review: The Court must conduct the review by way of hearing de novo (s 26(1)) and may exercise all functions conferred on the decision‑maker under any relevant enactment (s 26(2)). Remedies include affirming, varying, setting aside and substituting the decision, or remitting for reconsideration (s 26(3)).
Duty to give effect to Government policy: The Court must give effect to relevant Government policy in force when the reviewable decision was made unless the policy is contrary to law or would produce an unjust decision (s 27(1)). A Minister’s certificate is evidence of Government policy and is to be taken judicially notice of (s 27(2)-(3)).
Procedural obligations: The Court must ensure parties have reasonable opportunity to present their case and make submissions (s 31). It is to act with as little formality as circumstances permit and is not bound by rules of evidence, subject to natural justice (s 34(2)-(3)). Hearings are public unless the Court orders otherwise for confidentiality or other reasons (s 36).
Power to protect sensitive material: The Court can make orders to hold hearings in private, prohibit publication or restrict disclosure of identifying information or evidence (s 36(2)(a)-(e)). The Court can also make orders about stays and conditions (ss 23-25).
Costs regime: Each party bears their own costs as the starting position (s 45(1)), but the Court may order costs where fair to do so, having regard to conduct, prolongation, relative strengths of claims, complexity and other matters (s 45(2)-(3)). The Court can order representatives to compensate another party in their own capacity in appropriate circumstances (s 45(4)-(5)).
Rights of appeal and finality
Finality and appeal: Subject to the Act, a decision of the Court is final (s 47(1)), but a party may appeal to the Supreme Court on a question of law within 28 days of the decision being given or within further time allowed (s 47(2)-(3)). The Supreme Court hears and determines the appeal and may make such order as it thinks appropriate (s 47(4)). The Supreme Court can make orders to secure effectiveness of appeals, including stays that affect the operation of the Court’s decision or the underlying decision (s 48).
Administrative delegations and rule‑making
Rules and regulations: The Magistrates Rule Committee makes rules of court (s 51) setting out commencement and practice and procedure, enforcement, and registrar functions. The Governor may make regulations, including prescribing fees for applications (s 52(1)-(2)). Regulations may authorise matters to be determined by the Chief Magistrate or Administrator (s 52(4)).
These duties and rights together create a structured process: notice and reasons before or after decision, a time‑limited right to apply, obligations for decision‑makers to lodge documents and produce reasons, a de novo judicial power to resolve the merits, and a constrained avenue of appeal to the Supreme Court on questions of law.
Penalties and enforcement
The Act contains limited direct criminal or pecuniary penalties and otherwise enforces compliance through procedural obligations, costs orders and court powers.
Penalties
Failure to comply with a summons: A person who, without reasonable excuse, fails to comply with the requirements of a summons issued under the Act is guilty of an offence, with penalty a fine not exceeding 10 penalty units (s 41(4)). The Act does not specify what constitutes a “reasonable excuse”; the Court retains discretion to consider excuses in the circumstances.
Other offences: The Act does not create additional criminal offences for non‑performance of other duties such as failure to give notice (s 12). Section 12(3) expressly provides that contravention of the notice obligations does not affect validity of the decision.
Enforcement by means of court orders and procedural sanctions
Compellability of witnesses and documents: The registrar may issue a summons to compel attendance and production of documents (s 41(2)-(3)). Non‑compliance with a summons attracts the penalty noted above (s 41(4)). Summonses may be served inside or outside the State (s 41(5)).
Orders directed at decision‑makers: The Court may order a decision‑maker to provide a statement of reasons or an adequate statement within a time specified (s 16). It may also direct lodgment of documents (s 21(4)) and refuse or restrict lodgment to protect confidentiality (s 22).
Stays and suspension of operation: The Court can suspend the operation of a decision or order a stay of proceedings under it (s 23). The Court must give decision‑makers reasonable opportunity to make submissions before making a stay (s 24(1)(a)). Conditions and durations of stays are within the Court’s control (s 25).
Costs orders: The Court can order one party to pay all or part of another party’s costs where fairness requires, taking into account procedural conduct, prolongation of proceedings, relative strengths of claims, complexity and other factors (s 45(2)-(3)). The ability to award costs is a significant enforcement lever: non‑compliance with procedural obligations, deceptive or vexatious conduct, or causing unnecessary adjournments can attract costs orders against the offending party or their representative (s 45(3)-(5)). The Court may require compliance with cost orders before continuing proceedings (s 45(6)).
Procedural dismissal and summary disposal: The Court may dismiss proceedings at various stages if the applicant withdraws the application or if proceedings are frivolous, vexatious, misconceived or lacking in substance (s 34(5)(g)-(h)). The Court may also dismiss by consent under settlement terms (s 43) or limit or dismiss applications in preliminary conferences where appropriate (s 35(1)-(2)).
Appeal and higher court supervision
Appeal to Supreme Court: Parties may appeal to the Supreme Court on questions of law (s 47). The Supreme Court may make orders to secure the effectiveness of the hearing and determination of an appeal, including stays affecting operation and implementation of the Court’s decision or the underlying decision (s 48). Additionally, the Administrator may apply to the Supreme Court under the Vexatious Proceedings Act 2011 for a vexatious proceedings order in relation to any applicant on receipt of an application (s 20A), a procedural tool to prevent vexatious litigants from continuing to litigate.
Regulatory and rule‑making enforcement
Rules and regulations: Compliance with procedural requirements is enforced through rules of court (s 51) and regulations (s 52) which may prescribe fees (s 52(2)) and other conditions. The Magistrates Rule Committee and Governor are empowered to make instruments that give effect to the procedural model of the Division; failure to comply with rules may attract costs consequences under s 45.
Practical enforcement architecture
The Act emphasises process enforcement rather than a wide set of criminal sanctions. The primary penalties are fines for contempt-like failure to comply with a summons (s 41(4)), costs orders (s 45), stays and dismissal powers (ss 23-25; s 34(5)), and ultimate supervision by the Supreme Court (ss 47-48). The Court’s ability to manage evidence, protect confidentiality and control representation (ss 32; 34; 36) are functional enforcement tools that shape behaviour and compliance without creating broad criminal offences.
The text thus relies predominantly on civil and procedural levers,orders, costs, stays, and supervisory appeal,to secure compliance, with a single explicit statutory penalty provision for non‑compliance with summonses.
How it interacts with other laws
The Act is structured to operate in conjunction with, and often subordinate to, other enactments that create review rights or provide contrary provision. Its interactions are managed through express cross‑references and delegation mechanisms.
Jurisdictional conditionality and primacy
The Court’s jurisdiction under an enactment exists only if that enactment provides that applications may be made to it for review of the relevant decision (s 10(1)). If the other enactment imposes conditions on applications, the Court only has jurisdiction when those conditions are met (s 10(2)). This makes the Division a forum whose jurisdiction is defined by enabling enactments rather than automatic universal jurisdiction over administrative action.
Section 11 states that the provisions of this Act have effect subject to any contrary provision being made in a relevant enactment and that the section applies to provisions enacted before or after commencement. “Relevant enactment” is defined to include enactments that confer jurisdiction or otherwise deal with the Court’s jurisdiction (s 11(3)). Practically, if another Act makes contrary provision about timing, remedies, or process, that enactment will displace the relevant provision of this Act.
Treatment of decisions under other enactments
A decision is taken to have been made under an enactment if it is made in the exercise or purported exercise of a function conferred by that enactment, and the Act treats beyond‑power decisions and refusals to make decisions as subject to review (s 4(2)-(5)). That construction enables review under the Division even where the decision‑maker’s statutory power is contested, provided the enabling enactment permits application to the Court.
When the Court varies or substitutes a decision, such decision is taken to be the decision of the original decision‑maker for all purposes other than further review under this Part, and is treated as having effect from the date of the original decision unless the Court orders otherwise (s 29(2)). That mechanism aligns review outcomes substantively with the original statutory framework.
Government policy and executive instruments
Section 27 requires the Court to give effect to Government policy in force at the time the reviewable decision was made, unless the policy is contrary to law or produces an unjust decision. A Minister’s certificate that a policy was Government policy is admissible evidence and the Court must take judicial notice of it (ss 27(2)-(3)). This creates a formal linkage between executive policy instruments and judicial review outcomes under the Division.
The Governor’s power to make regulations (s 52), and the rules of court made by the Magistrates Rule Committee (s 51), give effect to an interactional design: this Act sets broad process and rights while delegating detailed procedural, fee and administrative arrangements to subordinate instruments. Regulations may also authorise determinations by the Chief Magistrate or Administrator (s 52(4)), embedding administrative devolution of operational detail.
Overlap with other court and statutory procedures
The Act cross‑references enforcement and execution procedures under the Magistrates Court (Civil Division) Act 1992 for monetary orders (s 39), ensuring enforcement routes are coherent with existing civil enforcement mechanisms.
Appeals are limited to questions of law to the Supreme Court (s 47), leaving factual or mixed‑fact‑and‑law reviews to the Division itself under its de novo jurisdiction (s 26(1)). The Supreme Court’s power to make orders affecting the operation and implementation of decisions (s 48) means the Division’s procedural outcomes can be managed within the higher court’s supervisory jurisdiction where necessary.
Transitional interplay
Transitional provisions preserve pending appeals and reviews under other Acts to be dealt with as if the new Act had not been enacted (s 54). Old rules remain in force until new rules take effect and the Magistrates Rule Committee may amend or rescind old rules during the transition (s 55). Administrative responsibility is initially assigned to a Minister and department until an Administrative Arrangements Act order is made (s 53).
Limitations and definitional interactions
The Act’s definitions (s 3) tie it structurally to the Magistrates Court Act 1987 and other instruments: references to the Magistrates Rule Committee and the Magistrates Court are to the bodies and court established under that Act (s 3). This anchors the Division within the existing institutional architecture.
The Act is expressed to bind the Crown (s 6), “so far as legislative power of Parliament permits,” signalling that Crown capacities are subject to the Act to the extent statutory competence allows.
In short, the Division is not a standalone remedy: it is a procedural and remedial forum whose jurisdiction, procedures and limits are anchored to other enactments, subordinate instruments (rules and regulations), and existing court structures. The Act provides a harmonising procedural shell while deferring substantive jurisdictional definition and many operational details to other laws and instruments.
Amendment history
The text provided contains internal amendment annotations indicating several legislative changes and insertions made after first enactment. The Act also contains provisions conferring the power to make future subordinate instruments which may effect practical amendments to process and fees. The relevant amendment and transitional notes in the text are:
Section 3(1) amendments:
Two annotations mark amendments by No. 66 of 2007, Schedule 1, applied 31 December 2008. These amendments inserted, among other things, the definitions of “legal practitioner” (as an Australian legal practitioner) and adjusted existing definitions. The notes appear in the definitional block at s 3(1).
A separate annotation indicates amendment by No. 6 of 2003, s 29, applied 1 July 2003, adding or modifying definitions including “Magistrates Rule Committee” and “reviewable decision” entries in s 3(1).
Section 51 change:
Section 51 is noted as substituted by No. 6 of 2003, s 30, applied 1 July 2003. That substitution re‑sets the rules of court provision and lists areas the Magistrates Rule Committee may govern (s 51).
Section 55 insertion:
Section 55 was inserted by No. 6 of 2003, s 31, applied 1 July 2003. Section 55 sets out transitional arrangements for rules of court, defining “new rules,” “old rules,” “Transition Act” (the Justice (Delegated Legislation) Act 2003), and “transition day.” It preserves old rules in force until new rules take effect and permits the Magistrates Rule Committee to amend or rescind the old rules.
Section 20A insertion:
Section 20A was inserted by No. 31 of 2011, Schedule 1, applied 1 March 2013. This provision enables the Administrator, on receipt of an application under s 17, to apply to the Supreme Court under the Vexatious Proceedings Act 2011 for a vexatious proceedings order in relation to the applicant.
Transitional provisions (Part 7):
Section 54 provides for appeals and reviews lodged or commenced under any Act before commencement to be dealt with as if this Act had not been enacted.
Section 53 assigns administration initially to the Minister for Justice and Industrial Relations and the relevant department until an Administrative Arrangements Act order assigns administration elsewhere.
These amendment notes establish a short legislative history embedded into the Act’s text: the Act has been adjusted since enactment to refine definitions, substitute the rules section, insert transitional and vexatious litigation provisions, and align with delegated legislation transitions. The Act also contemplates future change via rules of court (Magistrates Rule Committee) and regulations (Governor), which is the statutory route for ongoing procedural and fee changes (ss 51-52). The commencement of the Act itself is by proclamation (s 2), and several amendments specify their applied dates.
No other amendment entries, commencement proclamations or repeal provisions appear in the supplied text. The Act therefore contains both historical amendment markers and express mechanisms for future regulatory and rules‑based modification.
Litigation history
The statutory text supplied does not include reported judgments, case law citations or any explicit litigation narrative. It contains procedural mechanisms that create a litigation pathway, and those pathways define where litigation would occur and how it would be managed:
Court of first instance: The Magistrates Court (Administrative Appeals Division) is the initial judicial forum for reviewable decisions where an enactment permits application to it (s 7; s 10). Reviews are to be heard de novo (s 26(1)). The Court may exercise all functions of the decision‑maker conferred by relevant enactments (s 26(2)), and it can make a range of remedial orders (affirm, vary, set aside and substitute or remit) (s 26(3)).
Appeals: The Act provides for appeals to the Supreme Court on questions of law (s 47(2)), within 28 days or further time allowed, and according to the Rules of the Supreme Court (s 47(3)). The Supreme Court may make orders appropriate to an appeal and may order stays or other measures to secure the effectiveness of the hearing and determination of the appeal (s 48).
Questions of law reserved: The Court may reserve questions in the form of a special case for opinion by the Supreme Court (s 49), and orders and decisions on matters where questions are reserved are to be deferred until the Supreme Court gives its opinion (s 49(2)).
Procedural devices that shape litigation dynamics
Vexatious litigation control: Section 20A permits the Administrator to apply to the Supreme Court under the Vexatious Proceedings Act 2011 for a vexatious proceedings order in relation to an applicant on receipt of an application under s 17, introducing a mechanism to limit repeated or vexatious litigants at the Supreme Court level (s 20A).
Costs and conduct: s 45 empowers the Court to order costs against parties or their representatives where conduct has unnecessarily disadvantaged others (s 45(3)(a)-(b)), which affects litigation strategy and behaviour in proceedings before the Division.
Absence of case law in the text and implications
Because the Act text contains no judicial decisions, the only litigation history recorded in the source is the statutory infrastructure for litigation (first instance, rights of appeal, reservation of questions, costs and vexatious proceedings controls). Any actual litigation history , for example, reported decisions interpreting s 27’s Government policy obligation or application of s 4(3) (decisions beyond power being treated as decisions) , is not contained in the supplied materials.
Practical implications for researchers or practitioners
Practitioners must therefore rely on the Act’s pathways to know where litigation will go: initial de novo review in the Division, limited appeal scope to the Supreme Court, availability of special cases reserved to the Supreme Court, and procedural powers to control vexatious litigants and costs. For interpretation and precedent, one must consult reported decisions outside the Act text, but those are not included here.
In short, the Act establishes the litigation architecture but the supplied source has no recorded litigation history or judicial interpretations embedded in the text.
Gotchas
The Act contains several features that can produce procedural pitfalls or traps for unprepared decision‑makers, applicants and practitioners. These are concrete mechanics that have direct operational consequences.
Timing and the prescribed period
A single 28‑day clock governs multiple rights: reasons must be provided within 28 days after request (s 13(2)); if reasons are provided, an applicant then has 28 days from provision to apply to the Court (s 17(2)(a)); if no reasons requested, the prescribed period to apply is 28 days from notification of the decision (s 17(2)(b)). Practitioners must coordinate requests for reasons and the application timeline. Failure to appreciate the sequential effect can result in lost rights or the need to seek extensions under s 20.
Constructive refusals and deemed decisions: Section 4 treats failure to decide within a statutory period as a decision to refuse at the end of the period (s 4(5)(a)), and where no statutory period exists, failure within a reasonable time is treated as refusal (s 4(5)(b)). Section 4(3) treats purported decisions beyond power as decisions under the enactment. These deeming rules can produce unexpected reviewability of inaction or ultra vires acts.
Notice duty does not invalidate decisions
Although decision‑makers must take reasonable steps to notify interested persons and inform them of review and reasons rights (s 12(1)), s 12(3) says contravention of this section does not affect validity of any decision. Practically, lack of notice may prompt procedural remedies or applications for reasons or extension of time, but it will not itself nullify the decision.
Mandatory de novo review versus Government policy
The Court must conduct reviews de novo (s 26(1)) and may exercise all decision‑maker functions (s 26(2)), but s 27 imposes a duty to give effect to Government policy in force at the time of the reviewable decision unless contrary to law or unjust. The interplay means that although the Court re‑examines facts and law afresh, it must apply executive policy constraints when they are relevant. Practitioners must therefore be mindful that a favorable factual reappraisal may still be constrained by Government policy certification admitted under s 27.
Document lodgment and confidentiality tensions
Decision‑makers must lodge reasons and relevant documents within 28 days of receiving notice of an application (s 21(1)). But s 22 allows them to apply for non‑lodgment if the Court would be likely to prohibit or restrict disclosure under s 36(2). That creates a practical timing tension: decision‑makers must act promptly to file protective applications, and applicants expect prompt access (s 21(5)). Delays in protective orders or disagreements over relevance can complicate discovery and access.
Fees as procedural gate
An application cannot be made unless the prescribed fee is paid (s 18(1)). Regulations may waive fees (s 18(2)), but until a fee remission exists or is applied it operates as a threshold requirement. Practitioners must ensure fee payment to avoid forfeiture at lodgment.
Summons and penalty unit
Failure to comply with a summons carries a maximum fine of 10 penalty units (s 41(4)). The Act does not specify other enforcement measures such as committal or default judgment; the practical effect is a monetary fine only. Parties should plan for the limited coercive measures available and the potential need for the Court to employ alternative enforcement mechanisms.
Representation discretion
While legal practitioners generally can represent parties (s 32(1)(b)), the Court may order parties not be represented or not be represented by particular classes (s 32(2)). This discretion can surprise parties expecting routine legal representation and can affect strategy,be prepared to show why representation is appropriate or to litigate in person.
Costs starting point and exceptions
The default rule is that each party bears their own costs (s 45(1)). Costs orders are discretionary and limited to fairness criteria (s 45(2)-(3)). Parties seeking costs must persuade the Court under the statutory factors. Conversely, applicants who litigate in meritless or vexatious ways may face costs orders and even orders against representatives (s 45(4)-(5)).
Finality with limited appellate scope
The Court’s decisions are final except for appeals to the Supreme Court on questions of law (s 47(1)-(2)). Parties must constrain appeals to questions of law; factual disputes or mixed findings are generally not appealable as of right. Practitioners must identify arguable errors of law, not merely dissatisfaction with findings of fact.
Remittal consequences
If the Court remits a matter for reconsideration and the decision‑maker varies or substitutes the decision, the application is taken to be an application for review of that varied or substituted decision, and the applicant may proceed or withdraw (s 28(2)-(4)). That can extend proceedings and reset timelines and necessitates tactical choices by applicants.
Regulatory and rule details left to subordinate instruments
Many operational features (forms, service, detailed practice and procedure, fees) are left to rules of court and regulations (ss 51-52). A practitioner must consult the current rules and regulations to know exact lodgment requirements, fee levels, and procedural forms; the Act alone does not provide that granular detail.
Commencement and transitional preservation
The Act commences by proclamation (s 2), and s 54 preserves appeals and reviews commenced under other Acts prior to commencement to be dealt with as if this Act had not been enacted. Practitioners should check whether a particular matter falls within transitional provisions or under the new regime.
These mechanical “gotchas” are not legal surprises in the sense of hidden provisions, but they are operationally important. They shape time limits, access to reasons and documents, representation strategy, and the threshold tests for costs and stays.
How to comply
This section sets out pragmatic, source‑grounded steps for compliance tailored to three principal actors under the Act: decision‑makers (public officials and bodies), applicants/interested persons and legal practitioners, and court administrators/registrars. All references are to the Act’s provisions.
For decision‑makers
Recordkeeping and decision text
Ensure that decisions are recorded in writing where possible, and that the written decision is provided to an interested person when notice is required (s 12(1)). A written record is relevant to s 14(1)(b) where failure to request reasons within 28 days of receiving a written decision can justify refusal.
Notice obligations
Take “such steps as are reasonable in the circumstances” to give any interested person written notice of (a) the decision, (b) the right to have it reviewed, and (c) the right to request reasons (s 12(1)). Implement administrative processes to capture the identity and contact details of interested persons and send written notifications promptly.
Be aware of the exceptions in s 12(2) where notice is not required (such as decisions constituting constructive refusals or certain non‑adverse class adjustments). Document reliance on any exception.
Reasons and timing
If an interested person requests reasons, prepare a written statement of reasons and provide it as soon as practicable and in any event within 28 days (s 13(2)). Ensure the statement addresses the three content requirements: findings on material facts, reference to evidence/material relied on, and reasons (s 13(3)). Maintain templates and workflows to meet the 28‑day timeframe.
If the request for reasons is refused under s 14(1), provide written notification of the refusal and reasons for refusal within 28 days (s 14(2)). Keep records of the basis for refusals to enable judicial review under s 15.
Lodgment obligations on notice of application
When notified of an application for review, lodge with the Court within 28 days a copy of any statement of reasons given to the applicant (or, if none, a statement that contains the s 13(3) matters) and copies of every document or part of a document in the decision‑maker’s possession or control that the decision‑maker considers relevant (s 21(1)(a)-(b)). Maintain indexed document bundles and schedules of relevance for swift lodgment.
Confidentiality and objections
If documents include confidential material that should not be lodged publicly, apply to the Court under s 22 before the expiry of the 28‑day lodging period for an order that the document not be lodged. Be prepared to show why a s 36(2) protective order would be appropriate.
Respond promptly to Court directions
Where the Court serves a notice directing lodging of particular documents (s 21(4)), comply within the date specified or seek an extension. Decide in advance who will authorise applications and responses to the Court to meet time limits.
For applicants and interested persons
Establish standing and timing
Confirm that you are an “interested person” entitled under the substantive enactment to apply to the Court (s 3 definition; s 17(1)(a)). If so, be mindful of the prescribed period: 28 days from receipt of a statement of reasons or notification of refusal, or 28 days from being notified of the decision if you did not request reasons (s 17(2)).
Request reasons strategically
Consider requesting a statement of reasons under s 13 before applying to the Court because receipt of reasons triggers the 28‑day application period and provides material on which to base an application. If reasons are not provided within statutory time, apply to the Court under s 16 to order the decision‑maker to provide reasons.
Comply with filing/formal requirements and fees
Make the application in the manner prescribed by rules of court (s 17(1)(b)). Pay any prescribed fee before lodgment (s 18(1)). If inability to pay is an issue, check regulatory fee‑waiver provisions (s 18(2)) or seek waiver under the regulations.
Prepare for de novo hearing
Be prepared to present the case afresh to the Court: the Court conducts de novo hearings and may re‑examine facts and law (s 26(1)-(2)). Build an evidence bundle and ensure any documentary evidence is lodged or ready for presentation under the rules of court.
Document access
After lodging, expect to receive access to documents lodged by the decision‑maker; the registrar must grant reasonable access (s 21(5)-(6)). Request copies where necessary early in the proceeding to prepare submissions.
For legal practitioners
Check rules and regulations
The Act delegates many matters to rules of court (s 51) and regulations (s 52). Before acting, consult the current rules for filing forms, service rules, hearing procedures, and any fee schedules.
Representation constraints
While the Act permits legal representation (s 32(1)(b)), the Court can forbid representation or restrict classes of representatives (s 32(2)). Prepare to support an application for representation if the Court signals concerns over lawyer participation.
Costs risk management
Be conscious of the costs regime: each party bears own costs by default (s 45(1)), but adverse costs orders can be made where a party has acted to disadvantage another unnecessarily or prolonged proceedings (s 45(2)-(3)). Counsel should manage case conduct to avoid provoking costs orders and be mindful that courts can target representatives personally for costs in defined circumstances (s 45(4)-(5)).
Use stays and interlocutory relief where appropriate
Where immediate implementation of the decision would produce irreparable consequences, consider applying for a stay of operation or implementation under s 23. Remember the Court must give the decision‑maker a reasonable opportunity to make submissions before making a stay unless impracticable because of urgency (s 24).
For registrars and administrators
Service and access
The registrar must cause notice of an application to be served on other parties in the time and manner prescribed by rules of court (s 33(1)). It is sufficient to direct the applicant to serve notice on another party on the registrar’s behalf if service is in accordance with rules (s 33(2)).
Summons issuance and management
The registrar issues summonses on party application or at the direction of the Court (s 41(1)). Ensure signature, service and cross‑jurisdictional service protocols align with s 41(2) and (5).
Maintain document access protocols
Implement systems to grant “reasonable access” to lodged documents (s 21(5)-(6)), including photocopying during ordinary business hours. Put protocols in place to manage protective orders and restricted access when s 36 orders apply.
Manage preliminary conferences and adjournments
The Court may hold preliminary conferences (s 35). Registrars should prepare conference materials and ensure confidentiality protections for conference communications if parties agree.
For administrators of Government bodies
Policy certification readiness
If executive Government policy is relied upon, prepare certificates by the Premier or Minister that can be tendered under s 27(2) and will be taken as evidence and judicial notice (s 27
[Section 3 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008]legal practitioner means an Australian legal practitioner;
lodge a document includes file a document;
Magistrates Court means the Magistrates Court of Tasmania established by the Magistrates Court Act 1987 ;
[Section 3 Subsection (1) amended by No. 6 of 2003, s. 29, Applied:01 Jul 2003]Magistrates Rule Committee means the committee referred to in section 15AC of the Magistrates Court Act 1987 ;
parties to proceedings – see section 30 ;
registrar means the Administrator or a district registrar, or a deputy district registrar, of the Magistrates Court;
regulations means regulations made and in force under this Act;
reviewable decision means a decision of a decision-maker that the Court has jurisdiction under an enactment to review;
[Section 3 Subsection (1) amended by No. 6 of 2003, s. 29, Applied:01 Jul 2003]
[Section 3 Subsection (1) amended by No. 6 of 2003, s. 29, Applied:01 Jul 2003]rules of court means rules of court made for this Act by the Magistrates Rule Committee.
(2) A reference in this Act to the exercise by the Court of its functions in relation to an enactment includes a reference both to its functions under the enactment and its functions under this Act in relation to the enactment.
(3) A reference (however described) in this Act to a decision made under an enactment is taken, in relation to a reviewable decision, to include a reference to any decision made in the exercise of functions identified by the enactment.
4 Meaning of "decision"
4 Meaning of "decision"
(1) A decision includes any of the following:
(a) making, suspending, revoking or refusing to make an order or determination;
(b) giving, suspending, revoking, terminating or refusing to give a certificate, direction, notice, approval, consent or permission;
(c) issuing, varying, suspending, cancelling, revoking or refusing to issue a licence, authority or other instrument;
(d) imposing a term, condition or restriction;
(e) making an assessment, declaration, demand, determination, reassessment, resolution or requirement;
(f) retaining, or refusing to deliver up, an article;
(g) doing, or refusing or failing to do, any other act or thing.
(2) For the purposes of this Act, a decision is made under an enactment if it is made in the exercise (or purported exercise) of a function conferred or imposed by or under the enactment.
(3) For the purposes of this Act (and without limiting subsection (2) ), a decision that purports to be made under an enactment is taken to be a decision made under the enactment even if the decision was beyond the power of the decision-maker to make it.
(4) For the purposes of this Act (and without limiting subsection (2) ), a refusal of a decision-maker to make a decision under an enactment because the decision-maker considers that the decision concerned cannot lawfully be made under the enactment is taken to be a decision made under the enactment to refuse to make the decision requested.
(5) For the purposes of this Act, a failure by a decision-maker to make a decision –
(a) within the period specified by the enactment concerned for making the decision is taken to be a decision by the decision-maker at the end of the period to refuse to make the decision; or
(b) in respect of which there is no law that fixes a period within which the decision is to be made, within a reasonable time is taken to be a decision by the decision-maker to refuse to make the decision; or
(c) within the period extended by the Court under section 19 is taken to be a decision by the decision-maker at the end of that period to refuse to make the decision.
5 Meaning of "decision-maker"
5 Meaning of "decision-maker"
(1) A decision-maker, in relation to a reviewable decision, is the person or body that makes (or is taken to have made) the decision under the enactment concerned.
(2) The person or body specified by an enactment as a person or body whose decisions are reviewable decisions is taken to be the only decision-maker in relation to the making of a reviewable decision even if some other person or body also had a role in the making of the decision.
6 Act binds Crown
6 Act binds Crown
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Part 2 Establishment of administrative appeals division of the magistrates court
Part 2 Establishment of administrative appeals division of the magistrates court
7 Establishment of Administrative Appeals Division of Magistrates Court
7 Establishment of Administrative Appeals Division of Magistrates Court
There is established a division of the Magistrates Court to be known as the Magistrates Court (Administrative Appeals Division).
8 Composition of Court
8 Composition of Court
The Magistrates Court (Administrative Appeals Division) is to be constituted by a magistrate.
9 Jurisdiction of Court
9 Jurisdiction of Court
The Magistrates Court (Administrative Appeals Division) has the jurisdiction conferred on it by this Act.
Part 3 Jurisdiction of the Court
Part 3 Jurisdiction of the Court
10 Conferral of jurisdiction to review reviewable decisions
10 Conferral of jurisdiction to review reviewable decisions
(1) The Court has jurisdiction under an enactment to review a decision (or a class of decisions) if the enactment provides that applications may be made to it for a review of any such decision (or class of decisions) made by a decision-maker –
(a) in the exercise of functions conferred or imposed by or under the enactment; or
(b) in the exercise of any other functions of the decision-maker identified by the enactment.
(2) If an enactment makes provision for applications to be made to the Court in respect of a reviewable decision subject to certain conditions, the Court has jurisdiction under the enactment only if those conditions are satisfied.
(3) A provision of an enactment that provides that a decision-maker's decision is a reviewable decision extends to –
(a) a decision made by a person to whom the function of making the reviewable decision has been delegated; or
(b) if the provision specifies the decision-maker by reference to the holding of a particular office or appointment, a decision by any person for the time being acting in, or performing any of the duties of, the office or appointment; or
(c) a decision made by any other person authorised to exercise the function of making the reviewable decision.
(4) If a decision-maker makes a reviewable decision by reason of holding or performing the duties of an office or appointment and then ceases to hold or perform the duties of the office or appointment, this Act has effect as if the decision had been made by –
(a) the person for the time being holding or performing the duties of that office or appointment; or
(b) if there is no person for the time being holding or performing the duties of that office or appointment, or the office no longer exists, such person as the Court specifies.
11 When enactment taken to make contrary provision to this Act
11 When enactment taken to make contrary provision to this Act
(1) The provisions of this Act have effect subject to any contrary provision being made in a relevant enactment.
(2) This section applies to a provision of a relevant enactment whether enacted before or after the commencement of this section.
(3) In this section –
relevant enactment means an enactment under which the Court has jurisdiction to review a reviewable decision, or that otherwise deals with the jurisdiction of the Court.
Part 4 Process for review of reviewable decisions
Part 4 Process for review of reviewable decisions
Division 1 Role of decision-makers
Division 1 Role of decision-makers
Subdivision 1 Information concerning decision and review rights
Subdivision 1 Information concerning decision and review rights
12 Notice of decision and review rights to be given by decision-maker
12 Notice of decision and review rights to be given by decision-maker
(1) A decision-maker who makes a reviewable decision must take such steps as are reasonable in the circumstances to give any interested person notice, in writing, of the following:
(a) the decision;
(b) the right of the person to have the decision reviewed;
(c) the right of the person to make a written request to the decision-maker for a statement of the reasons for the decision.
(2) However, a decision-maker does not have to give a notice under subsection (1) in relation to –
(a) a decision that is taken by this or any other Act to be made because the decision-maker has failed to make a decision within the time limit for making the decision; or
(b) any of the following decisions, but only if the decision concerned does not adversely affect the interests of any interested person:
(i) a decision not to impose a liability, penalty or any kind of limitation on a person;
(ii) a decision making an adjustment to the level of periodic payments to be made to a person as a member of a class of persons where a similar adjustment is being made to the level of such payments to the other members of the class;
(iii) if an enactment establishes several categories of entitlement to a monetary or other benefit, a decision that determines a person to be in the most favourable of those categories; or
(c) any other decision or class of decisions prescribed by the regulations for the purposes of this paragraph.
(3) A contravention of this section does not affect the validity of any decision.
Subdivision 2 Duty to give reasons on request
Subdivision 2 Duty to give reasons on request
13 Duty of decision-maker to give reasons on request
13 Duty of decision-maker to give reasons on request
(1) If a decision-maker makes a reviewable decision, an interested person may make a written request to the decision-maker for a statement of the reasons for the decision.
(2) As soon as practicable (and in any event within 28 days) after receiving such a request, the decision-maker is to prepare a written statement of reasons for the decision and provide it to the person who requested the statement of reasons.
(3) The statement of reasons is to include –
(a) the findings on material questions of fact relating to the decision; and
(b) a reference to the evidence or other material on which any such findings were based; and
(c) the reasons for the decision.
(4) The regulations may –
(a) exclude any class of reviewable decisions from the application of this section; or
(b) alter the period within which a statement of reasons under this section must be given.
14 Decision-maker may refuse reasons in certain cases
14 Decision-maker may refuse reasons in certain cases
(1) A decision-maker may refuse to prepare and provide a statement of reasons requested by a person under this Division if –
(a) the decision-maker is of the opinion that the person is not entitled to be given the statement; or
(b) in the case of a decision the terms of which were recorded in writing and set out in a document that was provided to the person, the request was not made within 28 days after the person was provided with the document; or
(c) in any other case, the request was not made within a reasonable time after the decision was made.
(2) A decision-maker who refuses under subsection (1) to prepare and provide a statement of reasons must notify the person requesting the statement, in writing, of the decision-maker's refusal and the reasons for the refusal as soon as practicable (and in any event within 28 days) after the request.
(3) A decision-maker is not to refuse to prepare and provide a statement of reasons if –
(a) in the case of a refusal based on subsection (1)(a) , the Court declares, on an application made under section 15(1) , that the person who made the request was entitled to make the request; or
(b) in the case of a refusal based on subsection (1)(c) , the Court declares, on an application made under section 15(2) , that the person who made the request did so within a reasonable time.
(4) If a decision-maker cannot refuse to comply with a request for a statement of reasons because of a decision of the Court referred to in subsection (3) , the decision-maker must prepare the written statement of reasons that was originally requested and provide it to the person who requested it as soon as practicable (and in any event within 28 days) after the Court's decision.
15 Court may determine whether person entitled to reasons or made request within reasonable time
15 Court may determine whether person entitled to reasons or made request within reasonable time
(1) The Court may, on the application of a person who has received notification under section 14(2) , make an order declaring that the person was, or was not, entitled to make the request to which the notification relates.
(2) The
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