Internal review
Some legislation or government processes allow a decision to be reconsidered within the department or agency itself.
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Legal services · Government & Administrative Law
Disputes with Government & Administrative Law
Capricorn Legal and Consulting assists individuals and businesses dealing with decisions, actions, or processes involving government departments, agencies, regulators, statutory bodies, and local government.
Government decisions can have significant consequences for individuals and businesses, particularly where a decision affects a licence, approval, entitlement, business activity, professional interests, property, regulatory obligations, or dealings with a government agency.
Capricorn Legal and Consulting can provide advice about your legal position, available review or challenge mechanisms, relevant procedural requirements, and appropriate next steps.
Dealing with government can be difficult because administrative decisions are often governed by specific legislation, procedures, review rights, and strict time limits. Available rights and procedures depend on the particular decision and the legislation governing it. Not every government decision can be challenged or reviewed.
Areas of support
How We Can Help
The services Capricorn Legal and Consulting provides depend on the firm’s instructions about the matters it accepts.
01
Advice about government and administrative decisions
Understand what a decision means, how it affects you, and what may need attention next.
02
Reviewing decision notices, reasons for decisions, and relevant legislation
Read the decision documents alongside the legislation and process that may apply.
03
Identifying available internal review and external review options
Identify whether the decision may be reconsidered within the agency or reviewed elsewhere.
04
Submissions for reconsideration or review
Prepare clear written submissions explaining the relevant facts, issues, and response.
05
Assisting with requests for statements or reasons for decisions where available
Assist with requests for reasons for a decision where that process is available.
06
Procedural fairness and decision-making processes
Advise on the process followed and the opportunity given to respond where relevant.
07
Representing or assisting clients in administrative review proceedings where appropriate
Represent or assist clients in administrative review proceedings where appropriate.
08
Potential judicial review
Advise on whether there may be grounds to question the legality of government decision-making.
09
Dealing with regulatory and licensing decisions
Help with decisions affecting licences, approvals, permissions, or regulatory obligations.
10
Assisting businesses and individuals responding to government regulators
Assist businesses and individuals to understand and respond to regulator correspondence.
11
Advising on dealings with Queensland Government departments, agencies, statutory authorities, and local governments
Advise on dealings with the Queensland Government and local governments.
12
Advising on reviewable Commonwealth Government decisions where appropriate
Advise on reviewable Commonwealth Government decisions where appropriate.
13
Assisting with Right to Information and other government information-access matters where these fall within the firm’s services
Assist with government information-access processes where that service is available.
14
Overlapping legal issues
Provide strategic advice where a government dispute also involves employment, business, commercial, or civil law issues.
Review pathways
Challenging Government Decisions
There are different ways a government decision may potentially be questioned or challenged. The correct pathway depends on the particular decision, the legislation that applies, and the available procedure.
Merits review
Where legislation provides a right of review, a tribunal may be able to reconsider a decision. Depending on the decision, this may involve bodies such as the Queensland Civil and Administrative Tribunal for certain Queensland decisions, or the Administrative Review Tribunal for certain Commonwealth decisions. Neither tribunal has jurisdiction over every government decision, so the relevant legislation must be checked.
Judicial review
In appropriate circumstances, the legality of the decision-making process may be challenged through judicial review. Judicial review is generally concerned with whether a decision was made lawfully, rather than simply whether the decision was favourable, or whether another decision would have been preferable.
Other avenues
Depending on the circumstances, other mechanisms may include statutory appeals, complaints, requests for reasons, information-access processes, or other remedies provided by legislation.
For businesses
Government and Regulatory Disputes for Businesses
Businesses may need legal assistance when dealing with regulators, government departments, councils, licensing authorities, compliance processes, investigations, notices, approvals, or adverse administrative decisions.
Capricorn Legal and Consulting can help clients understand the legal framework applying to the matter, assess their options, respond to government correspondence, prepare submissions, and navigate available review processes.
Timing matters
Why Early Advice Matters
Administrative law matters can involve strict statutory deadlines. Consider obtaining advice promptly after receiving a decision, notice, letter, direction, or other government correspondence. Time limits differ between statutory schemes, so the relevant documents and legislation need to be considered.
Start a conversation
Received a decision from a government department, regulator, or council?
If a government decision is affecting you or your business, Capricorn Legal and Consulting can help you understand the decision, your rights, and the options that may be available. Contact us to arrange an initial consultation.