Fair Administrative Action Act

The Act may be cited as the Fair Administrative Action Act.

References "the powers, functions and duties exercised by authorities or quasi-judicial tribunals."

Application: section exercising administrative authority

Section 4 guarantees that every person is entitled to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair, including rights to written reasons and specified procedural protections; administrators may follow alternative procedures when authorized by law.

Section 5 lists procedural requirements for administrative action affecting the public: issuing public notice inviting views, considering submitted views and relevant facts, and giving reasons and information on internal appeal mechanisms and appeal timing; it also states available avenues to challenge or review administrative actions under specified laws.

People materially or adversely affected by an administrative action are entitled to information to support an appeal or review; the administrator must, within thirty after receiving a request, furnish the applicant in writing the reasons for the action; an administrator may depart from giving reasons if reasonable and justifiable but must inform the requester of the departure.

Applications for judicial review are to be heard without strict procedural technicalities; the Chief Justice may make rules of practice governing judicial review of administrative action.

Section 11 lists orders available in judicial review proceedings, including prohibitions and directives affecting administrators such as restraining them from unlawful or prejudicial actions, directing them to give reasons, and compelling performance of public duties.

Proceedings may be instituted by a court in accordance with section 8 or by a tribunal exercising jurisdiction conferred under any written law; the section lists multiple grounds and factual circumstances (e.g. lack of authorization, excess of jurisdiction, bias, denial of opportunity to state a case, procedural unfairness, error of law, bad faith, abuse of discretion, unreasonableness, disproportionality, violation of legitimate expectations) and states that the administrator may be under a duty to act, may have failed or refused to act, or an action may be required within a specified period.

An application for review or an appeal must be determined within ninety days of filing the application.

Persons aggrieved by an administrative action may apply for judicial review to the High Court or a subordinate court without unreasonable delay; courts generally must not review until internal and other legal remedies are exhausted, may in exceptional circumstances exempt applicants from exhausting remedies, must direct applicants to exhaust remedies if the court is not satisfied they have been exhausted, and orders of the High Court on judicial review may be appealed to the Court of Appeal.

This Act supplements and does not override the general principles of common law and the rules of natural justice.

The Cabinet Secretary may make regulations (in consultation with the Commission on Administrative Justice) to better carry out the Act; regulations made under subsection (5) must be approved by Parliament before publication in the Gazette.

If there is difficulty or doubt about procedure, the Chief Justice may issue practice notes or directions on the procedure to be adopted.