Poor administrative decision-making processes affect some of our most vulnerable clients and can greatly impact on their lives. In a social security context, it can mean having payments stopped or suspended or being prosecuted for fraud even where a genuine mistake has been made. For migration matters, it can lead to prolonged detention or being denied a visa or the right to be reunited with family members.
Many of our clients are not in a position to assert their rights to challenge administrative decisions. While we regularly assist clients to review decisions, we believe it is better to prevent a problem rather than solve it.
For this reason, we identify opportunities to improve decision-making processes to ensure that primary decisions and review processes comply with the best legal framework for administrative decisions.
Justice and law reform activities
Supporting the establishment of a National Disability Insurance Scheme
In this submission we indicated our general support for the establishment of a National Disability Insurance Scheme (NDIS) but made some recommendations for improvement. For example, we recommended meaningful access to review of decisions by ensuring legal assistance was adequately funded. We are members of the campaign, which supports the introduction of an NDIS.
This submission acknowledged the importance of judicial review as a check on the legality of government actions.
Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.
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Reviewed 29 March 2022