The area of law which deals with complaints against government bodies is known as 'administrative law'. In Australia this area of law has evolved quickly in recent years, after being based on an English model.

In theory, Parliament is supreme, being able to make and remove laws. However, Parliament cannot deal with every single decision involving every person in Australia. The decisions of Parliament are implemented by 'the Executive'. In Australia, the Executive is divided into areas such as departments and commissions. These are generally created by Acts of Parliament and are ultimately managed by Ministers who are themselves directly responsible to Parliament.

Administrative law, therefore, exists to ensure the accountability of the administrative actions and decisions of government and its departments.

Not all government dealings can be challenged using administrative law - for example, policy decisions or the giving of advice. A decision to raise taxes or to conscript troops for war, although they both have a direct impact on the community, are decisions of policy. Government is accountable for these decisions only at election time. However, the systems that are set up to administer these policies (for example, a taxation assessment appeal system or a call up system) are subject to the rights of individuals to seek judicial review or administrative appeal.

In other words, a person's right is not to contest the policy as a whole (although that policy may be contested where it breaches some greater obligation, for example, it is outside of the powers granted to Parliament under the Constitution) but to contest the implementation of that policy as it applies to that person as an individual.

In Australia, the process of administrative law is further complicated by different levels of government, Commonwealth and State. There is also local government although this is a creation of the State Government.

Before 1975, to dispute government decisions involved using several 'common law' remedies or a combination of these. These were known as the prerogative remedies of certiorari, prohibition and mandamus as well as the equitable remedies of injunction and declaration. Under this system a person affected by a decision could apply to a court seeking review of the government's administration of its policy. These are discussed briefly and are still available although they have been largely supplemented by statutory remedies.

Since 1975, on a Commonwealth level at least, a number of alternative remedies have been introduced. The general principles applicable to the common law remain in place, although these have been expanded by the introduction of the new legislative remedies.

This chapter discusses the various avenues of review that are available both at a Commonwealth and State level. These take different forms and often several alternatives are available.