73-644: The Refugee Review Tribunal was an Australian administrative law tribunal established in 1993. Along with the Migration Review Tribunal , the Refugee Review Tribunal was amalgamated to a division of the Administrative Appeals Tribunal on 1 July 2015. This article related to Australian law is a stub . You can help Misplaced Pages by expanding it . Australian administrative law Australian administrative law defines
146-537: A preferendum when the choices given allow the voters to weight their support for a policy. In Switzerland , for example, multiple choice referendums are common. Two multiple choice referendums were held in Sweden , in 1957 and in 1980, in which voters were offered three options. In 1977, a referendum held in Australia to determine a new national anthem was held, in which voters had four choices. In 1992, New Zealand held
219-523: A modern state in 1848 . Italy ranks second with 78 national referendums : 72 popular referendums (51 of which were proposed by the Radical Party ), 4 constitutional referendums, one institutional referendum and one advisory referendum . A referendum usually offers the electorate a straight choice between accepting or rejecting a proposal. However some referendums give voters multiple choices, and some use transferable voting. This has also been called
292-564: A privative clause . Section 76 of the Constitution allows the Commonwealth parliament to legislate for additions to the High Court's original jurisdiction; such additions can be removed or altered by repealing or amending that legislation. The Federal Court has also been vested with original jurisdiction "with respect to any matter in which a writ of mandamus or prohibition or an injunction
365-567: A "matter". Further, whether a claim is justiciable may depend on whether the decision would rely upon "legal grounds" rather than "political considerations". Under the doctrine of a strict separation of powers , courts can review only the "legality" (the legal validity) of executive decisions and actions, and not their "merits". This was emphasised by the High Court in Attorney-General (NSW) v Quin (1990), where Brennan J stated: However,
438-432: A 'referendum' is often said to be a vote to change the federal constitution and 'plebiscite' a vote which does not affect the federal constitution. However, this is erroneous as not all federal referendums have been on constitutional matters (such as the 1916 Australian conscription referendum ), and state votes that likewise do not affect either the federal or state constitution are frequently said to be referendums (such as
511-581: A case, and to intervene in the politically sensitive area of national security beyond the scope of judicial review. Furthermore, the justiciability of prerogative decisions cannot arise under the Administrative Decisions (Judicial Review) Act 1977 (Cth) as the Act is limited to decisions made "under an enactment" of the Commonwealth. In addition, hypothetical issues are not justiciable. Polycentric disputes involving complex policy issues relating to
584-441: A different state and "(v) in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth." Since this jurisdiction is conferred by the Constitution, it can be removed only by amending the Constitution, which requires a national referendum . Nor, by the same token, can it be restricted; for example, jurisdiction over decisions made under a particular statutory provision cannot be ousted by
657-427: A document of an agency or Minister, other than an exempt document, in accordance with the Act. Whether an item can be classified as a document for FOI purposes is assessed with regard to their relation to "the affairs of an agency or department." This means that many political, administrative and personal documents are beyond the reach of an application. Applications are made to the agency or Minister concerned. There
730-411: A five-option referendum on their electoral system. In 1982, Guam had a referendum that used six options, with an additional blank option for those wishing to (campaign and) vote for their own seventh option. A multiple choice referendum poses the question of how the result is to be determined. They may be set up so that if no single option receives the support of an absolute majority (more than half) of
803-572: A generally similar meaning in modern usage and comes from the Latin plebiscita , which originally meant a decree of the Concilium Plebis (Plebeian Council), the popular assembly of the Roman Republic . Today, a referendum can also often be referred to as a plebiscite, but in some countries the two terms are used differently to refer to votes with differing types of legal consequences. In Australia,
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#1732869339447876-409: A motivated minority of voters. Referendums may require a turnout threshold (also called a participation quorum) in order for the referendum to be considered legally valid. In a participation quorum a majority of those voting must approve of the referendum, and a certain percentage of population must have voted in order for the results to be approved. The usage of participation quorums in referendums
949-409: A referendum are more likely to be driven by transient whims than by careful deliberation, or that they are not sufficiently informed to make decisions on complicated or technical issues. Also, voters might be swayed by propaganda , strong personalities, intimidation, and expensive advertising campaigns. James Madison argued that direct democracy is the " tyranny of the majority ". Some opposition to
1022-473: A referendum. Therefore avoid referendums. Therefore don't raise questions which require them, such as the big versus the little states. Some critics of the referendum attack the use of closed questions. A difficulty called the separability problem can plague a referendum on two or more issues. If one issue is in fact, or in perception, related to another on the ballot, the imposed simultaneous voting of first preference on each issue can result in an outcome which
1095-452: A reluctance to embrace 'open' standing as favoured by Canadian courts. If proceedings are instituted under the Administrative Decisions (Judicial Review) Act 1977 (Cth), the claimant can be "a person who is aggrieved" by a reviewable decision. This is defined as a person whose interests are "adversely affected by the decision", and can show that the grievance which will be suffered is beyond that which he or she has as an ordinary member of
1168-524: A separate vote on each of the multiple options as well as an additional decision about which of the multiple options should be preferred. In the Swedish case, in both referendums the 'winning' option was chosen by the Single Member Plurality ("first past the post") system. In other words, the winning option was deemed to be that supported by a plurality , rather than an absolute majority, of voters. In
1241-670: A standard application fee applies of A$ 884, however a reduced fee of $ 100 is available to those eligible for concession or who are experiencing financial hardship. On 16 December 2022, the Hon Mark Dreyfus MP KC, the Commonwealth Attorney-General announced that the AAT will be abolished as "the former [Liberal] government fatally compromised the AAT... by appointing 85 former Liberal MPs, failed Liberal candidates, former Liberal staffers and other close Liberal associates" to
1314-447: A view to separation of powers, that the category "matter" is confined to issues that are appropriate for judicial determination, although the justices have taken a range of views upon what is appropriate. In general, however, the issue will constitute a "matter" if it requires an immediate determination of the legal rights and interests of an individual. In addition, hypothetical issues are not regarded as justiciable, since not involving
1387-508: Is a class of referendum required to be voted on if certain conditions are met or for certain government actions to be taken. They do not require any signatures from the public. In areas that use referendums a mandatory referendum is commonly used as a legally required step for ratification for constitutional changes, ratifying international treaties and joining international organizations, and certain types of public spending. Typical types of mandatory referendums include: An optional referendum
1460-408: Is a class of referendums that is put to the vote as a result of a demand. This may come from the executive branch, legislative branch, or a request from the people (often after meeting a signature requirement). Types of optional referendums include: From a political-philosophical perspective, referendums are an expression of direct democracy , but today, most referendums need to be understood within
1533-470: Is a fee involved in making that application to the Commonwealth Government, although similar State legislation has often made access to personal information free. This object of this fee structure is "a means of deterring frivolous and excessively broad FOI requests". This application must then be acknowledged within 14 days and a decision made within 30 days. In the 1999 Needs to Know report,
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#17328693394471606-463: Is argued as the reason why, since World War II , there has been no provision in Germany for the holding of referendums at the federal level. In recent years, referendums have been used strategically by several European governments trying to pursue political and electoral goals. In 1995, John Bruton considered that All governments are unpopular. Given the chance, people would vote against them in
1679-463: Is controversial, as higher requirements have been shown to reduced turnout and voter participation. With high participation quorums, the opposition of a referendum has an interest in abstaining from the vote instead of participating, in order to invalidate the referendum results through low turnout. This is a form of the no-show paradox . All others who are not voting for other reasons, including those with no opinion, are effectively also voting against
1752-648: Is displeasing to most. Several commentators have noted that the use of citizens' initiatives to amend constitutions has so tied the government to a jumble of popular demands as to render the government unworkable. A 2009 article in The Economist argued that this had restricted the ability of the California state government to tax the people and pass the budget, and called for an entirely new Californian constitution. A similar problem also arises when elected governments accumulate excessive debts. That can severely reduce
1825-556: Is not limited to actual pecuniary loss and the words "peculiar to himself" do not mean that the plaintiff, and no one else, must have suffered the damage. Claims based solely on public interest, an emotional or intellectual concern, or a mere desire to enforce a public duty will not confer standing. While the High Court has favoured a more liberal approach to standing, and the Australian Law Reform Commission has called for broader rules of standing, there has been
1898-507: Is now in force in the Australian Capital Territory, and the individual States of Australia. Freedom of information is designed to allow individuals access to personal and governmental information, and to allow individuals the opportunity to challenge and where appropriate have their personal information amended. It is also intended to provide open government . Every person has a legally enforceable right to obtain access to
1971-550: Is sought against an officer or officers of the Commonwealth". This mirrors s75(v) of the Constitution, however it is important to keep in mind that the Federal Court is a creature of statute and therefore its jurisdiction is relatively easily changed by repealing or amending the Judiciary Act 1903 . The High Court's original jurisdiction is over "matters" as provided in Constitution sections 75, and 76. The Court has held, with
2044-482: Is the gerundive form of the Latin verb referre , literally "to carry back" (from the verb ferre , "to bear, bring, carry" plus the inseparable prefix re- , here meaning "back" ). As a gerundive is an adjective , not a noun , it cannot be used alone in Latin, and must be contained within a context attached to a noun such as Propositum quod referendum est populo , "A proposal which must be carried back to
2117-540: The Administrative Decisions (Judicial Review) Act 1977 . The kinds of error which would give rise to judicial review appeared to have been identified with reference to a list of categories such as relying on irrelevant considerations, improper purpose, Wednesbury unreasonableness , error of law, breaching the hearing or bias rules of natural justice. One of the most important features of common law systems, considered to be an aspect of " equality before
2190-770: The Oxford English Dictionary , which rules out such usage in both cases as follows: Referendums is logically preferable as a plural form meaning 'ballots on one issue' (as a Latin gerund, referendum has no plural). The Latin plural gerundive 'referenda', meaning 'things to be referred', necessarily connotes a plurality of issues. It is closely related to agenda , "those matters which must be driven forward", from ago , to impel or drive forwards; and memorandum , "that matter which must be remembered", from memoro , to call to mind, corrigenda , from rego , to rule, make straight, those things which must be made straight (corrected), etc. The term 'plebiscite' has
2263-416: The 2009 Western Australian daylight saving referendum ). Historically, they are used by Australians interchangeably and a plebiscite was considered another name for a referendum. In Ireland, 'plebiscite' referred to the vote to adopt its constitution, but a subsequent vote to amend the constitution is called a 'referendum', as is a poll of the electorate on a non-constitutional bill. The name and use of
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2336-709: The Administrative Appeals Tribunal Act 1975. The Administrative Review Council conducted a comprehensive survey of federal judicial review of administrative action and delivered its report in September 2012. ] The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. The AAT can review decisions made by Commonwealth ministers, departments and agencies. In some circumstances, decisions made by state governments, non-government bodies or under Norfolk Island law can also be reviewed. Within
2409-517: The Australian Security Intelligence Organisation , are given a blanket exemption. Exemptions also apply to documents held by contractors and those relating to commercial activities. Even within the scope of permitted material, there must be regard to the statutory boundary that Parliament has imposed. Most exemptions are subject to a public interest test, with the onus on the agency to show that it would be contrary to
2482-618: The United Kingdom and United States . At the end of the 19th century, the British constitutional theorist A. V. Dicey argued that there should be no separate system of administrative law such as the droit administratif which existed in France . As a result, Australian administrative law before World War II developed in an unplanned way. The present administrative law is largely a result of growing concern about control of bureaucratic decisions in
2555-666: The Victorian Civil and Administrative Tribunal in 1998. The Administrative and Equal Opportunity Division of the New South Wales Civil and Administrative Tribunal was established in 2014. It replaced the Administrative Decisions Tribunal of New South Wales , previously established in 1998, alongside 21 other tribunals. The State Administrative Tribunal of Western Australia was established in 2004. The Queensland Civil and Administrative Tribunal
2628-524: The 'referendum' is thought to have originated in the Swiss canton of Graubünden as early as the 16th century. After a reduction in the number of referendums in the Mid-twentieth century, the referendum as a political tool has been increasing in popularity since the 1970s. This increase has been attributed to dealignment of the public with political parties, as specific policy issues became more important to
2701-479: The 1960s. In response a set of committees were established in the early 1970s, whose recommendations constituted the basis for what became known as the "New Administrative Law". The most important of these, the Kerr Report, recommended the establishment of a general administrative tribunal which could review administrative decisions on the merits, codification and procedural reform of the system of judicial review , and
2774-564: The 1977 Australian referendum, the winner was chosen by the system of preferential instant-runoff voting (IRV). Polls in Newfoundland (1949) and Guam (1982), for example, were counted under a form of the two-round system , and an unusual form of TRS was used in the 1992 New Zealand poll. Although California has not held multiple-choice referendums in the Swiss or Swedish sense (in which only one of several counter-propositions can be victorious, and
2847-483: The AAT are the availability of review on the merits, and a right to obtain reasons for decisions. On 1 July 2015, the Migration Review Tribunal (MRT), Refugee Review Tribunal (RRT) and Social Security Appeals Tribunal (SSAT) merged with the AAT. The AAT has a standing requirement that must be satisfied before an application for review can be accepted. An application for review can be made by, or on behalf of, "any person or persons...whose interests are affected by
2920-561: The ADJR act where it is a source of defining the scope of action to be included or excluded in judicial review and the jurisdiction of any court vested with the function of reviewing that executive action. The legislation is interpreted against a backdrop of other public policy law considerations concerning the legitimate scope of judicial review. The ADJR Act confers jurisdiction on the 'Federal Court and Federal Circuit Court to undertake review of 'a decision to which this Act applies', and 'conduct for
2993-435: The Act uses language which indicates the discretion to deny access to information is just that: a discretion, and thereby encourages agencies to disclose documents or matter even where it may be exempt. There has also been an acknowledgement that general public interest arguments also should influence an agency decision to disclose. There is a long list of general exemptions to freedom of information. Certain agencies, such as
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3066-403: The Constitution of Australia provides that the High Court shall have original jurisdiction in matters including "(i) arising under any treaty (ii) affecting consuls or representatives of other countries (iii) in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party" (iv) between states or residents of different states, or between a state and a resident of
3139-618: The Ombudsman believes that an agency has not taken appropriate action, it can report to the Prime Minister and thereafter to the parliament (ss 16 and 17). Australia was the first country with a Westminster system government to introduce freedom of information legislation , following the model established in the United States in 1966. The Freedom of Information Act 1982 (Cth) provides access to government information. Similar legislation
3212-468: The Ombudsman reported that the average charge per request rose from $ 123 in 1994-1995 to $ 239 in 1997-1998. There is evidence that some agencies have intentionally inflated charges in order to discourage applicants from pursuing claims. A basic principle involved in the FOI regime is that standing is not an issue: that all members of the public should be entitled to access of government information irrespective of
3285-426: The body. The ABC reports that a quarter of senior AAT members did not have any legal qualifications. Federal Court Justice Susan Kenny has been appointed as acting AAT President to oversee the transition process. Some of the states and territories of Australia also have tribunals similar to the AAT. They vary in terms of the degree of formality, focus on mediation, procedure and jurisdiction. Victoria established
3358-479: The context of representative democracy . They tend to be used quite selectively, covering issues such as changes in voting systems, where currently elected officials may not have the legitimacy or inclination to implement such changes. Since the end of the 18th century, hundreds of national referendums have been organised in the world; almost 600 national votes have been held in Switzerland since its inauguration as
3431-734: The creation of an office of Ombudsman . These proposals were put into practice with the passing of a package of federal statutes: the Administrative Appeals Tribunal Act 1975, the Ombudsman Act 1976, the Administrative Decisions (Judicial Review) Act 1977, and the Freedom of Information Act 1982. Some of those have since been replicated in states and territories. The grounds for challenging administrative action were developed at common law and have been codified in
3504-433: The decision. A leading authority on the meaning of the phrase "interests are affected" is McHattan and Collector of Customs (NSW) . An application for review can also be made by "an organisation or association of persons...if the decision relates to a matter included in the objects or purposes of the organisation or association". However, mere correlation to an organisation's objects or purposes will not grant standing as
3577-574: The distinction between legality and merits can be difficult to make. Unlike in the United States, and in the United Kingdom, there is no doctrine forbidding the courts from reviewing " political questions ". While no specific exclusion exists it is likely that the courts would be reluctant to intervene in certain matters. Historically, the courts have generally not inquired into certain classes of administrative actions, such as decisions exercising
3650-425: The economic, political and social consequences, which are often marked by numerous, complex and intertwined issues, repercussions, and of the interests and people affected, could result in a finding the matter was non-justiciabile or a reluctance of the court to intervene. The common law traditionally requires a plaintiff to show standing before being given the right to take action. A 'special interest' in
3723-519: The effective margin for later governments. Both these problems can be moderated by a combination of other measures as Referendums occur occasionally rather than periodically as elections are and they don’t offer the same kind of formal opposition. Because referendums affect for a longer term than legislative deliberation, a turnout and supermajority requirement is necessary to maintain principles of majoritarianism. In republic polities, referendums could be used to bypass legislatures and representatives by
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#17328693394473796-481: The extent of the powers and responsibilities held by administrative agencies of Australian governments. It is basically a common law system, with an increasing statutory overlay that has shifted its focus toward codified judicial review and to tribunals with extensive jurisdiction. Australia possesses well-developed ombudsman systems and Freedom of Information legislation , both influenced by comparable overseas developments. Its notice and comment requirements for
3869-460: The form of the plural in English, which according to English grammar should be "referendums". The use of "referenda" as a plural form in English (treating it as a Latin word and attempting to apply to it the rules of Latin grammar) is unsupportable according to the rules of both Latin and English grammar. The use of "referenda" as a plural form is posited hypothetically as either a gerund or a gerundive by
3942-491: The law ", is that judicial review is conducted by the ordinary courts and there are no special administrative or constitutional courts. A. V. Dicey observed in 1885: "In England the idea of legal equality, or of the universal subjection of all classes to one law administered by the ordinary courts, has been pushed to its utmost limit." Superior courts of general jurisdiction are traditionally regarded as having inherent jurisdiction to review administrative actions. Section 75 of
4015-682: The losing proposals are wholly null and void), it does have so many yes-or-no referendums at each election day that conflicts arise. The State's constitution provides a method for resolving conflicts when two or more inconsistent propositions are passed on the same day. This is a de facto form of approval voting —i.e. the proposition with the most "yes" votes prevails over the others to the extent of any conflict. Other voting systems that could be used in multiple-choice referendum are Condorcet method and quadratic voting (including quadratic funding ). Quorums are typically introduced to prevent referendum results from being skewed by low turnout or decided by
4088-463: The making of delegated legislation have parallels to the United States . Australia's borrowings from overseas are still largely shaped by its evolution within a system of parliamentary democracy that loosely follows a Westminster system of responsibility and accountability. The constitutional framework and development of administrative law in Australia was highly influenced by legal developments in
4161-540: The original decision to disclose or not disclose will be reconsidered. Under the Commonwealth Act, this external review function is undertaken by the Administrative Appeals Tribunal. Some States have this external review function vested in an Information Commissioner. Appeals from the AAT are to the Federal Court, and are ordinarily limited to a question of law. Alternatively, the case may go under
4234-433: The people". The addition of the verb sum (3rd person singular, est ) to a gerundive, denotes the idea of necessity or compulsion, that which "must" be done, rather than that which is "fit for" doing. Its use as a noun in English is not considered a strictly grammatical usage of a foreign word but is rather a newly coined English noun, which follows English grammatical usage, not Latin grammatical usage. This determines
4307-505: The public (e.g. OB Act s 5(1)(a)); secondly, to undertake investigations upon the office's own initiative, termed "own motion" investigations (e.g. OB Act s 5(1)(b)). The investigations are initially conducted privately (s 8) and informally, through preliminary inquiries (s 7A). However, an Ombudsman has the same powers as a royal commission : to require attendance and examination of witnesses, to enter premises, to administer oaths and to require documents to be produced (ss 9, 13 and 14). If
4380-407: The public interest to release a document coming under one of these heads. Before 2009, Ministers could issue conclusive certification that a document or documents are exempt because disclosure would not be in the public interest. However, conclusive certificates were abolished in 2009. Parties unhappy with the decision of the agency or Minister may go to the next stage of external review, where
4453-458: The public than party identifiers. The term "referendum" covers a variety of different meanings, and the terminology is different depending on the us that holds them. A referendum can be binding or advisory. In some countries, different names are used for these two types of referendum. Referendums can be further classified by who initiates them. David Altman proposes four dimensions that referendums can be classified by: A mandatory referendum
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#17328693394474526-420: The public. Administrative and judicial decision-makers are required under law to provide a written instrument, typically a written statement of reasons for their decisions. It is a statutory requirement under the Commonwealth law for decisions of Commonwealth courts and administrative decision-makers under Section 13 of the Administrative Decisions (Judicial Review) Act 1977 (Cth), similarly under Section 28 of
4599-435: The purpose for which the information is sought. However, one obvious exception has been in the disclosure of personal information. Personal information is almost always exempted from disclosure, in order to protect individuals' private information. Another very important object underlying the Act is the general intention of Parliament that government information should be disclosed and to encourage this disclosure. Accordingly,
4672-411: The purpose of making a decision to which this Act applies'. Referendum A referendum , plebiscite , or ballot measure is a direct vote by the electorate (rather than their representatives ) on a proposal, law, or political issue. A referendum may be either binding (resulting in the adoption of a new policy ) or advisory (functioning like a large-scale opinion poll ). 'Referendum'
4745-522: The referendum has arisen from its use by dictators such as Adolf Hitler and Benito Mussolini who, it is argued, used the plebiscite to disguise oppressive policies as populism . Dictators may also make use of referendums as well as show elections to further legitimize their authority such as António de Oliveira Salazar in 1933 ; Benito Mussolini in 1934 ; Adolf Hitler in 1934 , 1936 ; Francisco Franco in 1947 ; Park Chung Hee in 1972 ; and Ferdinand Marcos in 1973 . Hitler's use of plebiscites
4818-853: The referendum to take place. In one such challenge, in 2017, the Spanish Constitutional Court suspended the Catalonia 's independence referendum . In post-referendum disputes, they challenge the result. British courts dismissed post-referendum challenges of the Brexit referendum. International tribunals have traditionally not interfered with referendum disputes. In 2021, the European Court of Human Rights extended its jurisdiction to referendums in its judgment Toplak and Mrak v. Slovenia , initiated by two disabled voters over polling place access . In Political Governance states that voters in
4891-499: The referendum. In the 2005 Italian fertility laws referendum , opposition to the proposed loosening of laws on research on embryos and on allowing in-vitro fertilization , campaigned for people to abstain from voting to drive down turnout. Although a majority of people voted yes for the changes in the law, the results were invalid because participation was low. Important referendums are frequently challenged in courts. In pre-referendum disputes, plaintiffs have often tried to prevent
4964-566: The relationship between the object of review and of the organisation must be 'real or genuine'. The AAT was designed to be accessible. It is free to file an application for review of a decision listed in section 22 of the Administrative Appeals Tribunal Regulation 2015 which, among other things, includes some decisions made by Centrelink, decisions made with regards to military or veteran compensation, and some Freedom of Information decisions. For most other decisions,
5037-525: The scope of merits review, the Tribunal's duty is to make the correct or preferable decision in each case on the material before it. The AAT was established by the Administrative Appeals Tribunal Act 1975 (Cth) as a hybrid between court and administrative agency. Among the tribunal's objectives is to provide a mechanism for review that upholds the ideas of being "fair, just, economical, informal and quick." The most significant underlying changes introduced with
5110-444: The subject matter of the action will confer standing on an individual. In order to prove a 'special interest', the plaintiff must demonstrate that they were affected to a substantially greater degree than or in a significantly different manner to the public. Only a select few cases exist where a person has gained standing with no 'special' interest in the matter. The plaintiff needs special interest peculiar to himself. "Special damage"
5183-487: The vice-regal " prerogative powers " or that involve foreign policy , a declaration of war , national security or the award of official honours . However, there is no general rule preventing this, and the courts sought to focus more on the individual circumstances of application and the nature of the power being used rather than categorical dismissal based on government powers. The High Court has refused to rule on an Attorney-General 's decision not to intervene in
5256-657: The votes, resort can be made to the two-round system or instant-runoff voting , which is also called IRV and PV. In 2018 the Irish Citizens' Assembly considered the conduct of future referendums in Ireland , with 76 of the members in favour of allowing more than two options, and 52% favouring preferential voting in such cases. Other people regard a non-majoritarian methodology like the Modified Borda Count (MBC) as more inclusive and more accurate. Swiss referendums offer
5329-476: Was established in 2009. The South Australian Civil and Administrative Tribunal was established in 2015. In South Australia and Tasmania , some of the functions of the tribunals are performed by the courts. Both at Commonwealth level and in every State, there is an office of Ombudsman, with wide power to investigate action that relates to matters of administration. An Ombudsman has an investigative role: firstly, to investigate complaints from members of
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