AGY-1055 | Administrative Law Division [Supreme Court of New South Wales]

Full description

The Administrative Law division was created by the Administration of Justice Act, 1973 [Act No 19, 1973]. The role of the division was to hear cases related to public bodies and public officers including requiring them to perform an act or restraining them from doing so, determining their powers and considering applications made by tribunals or lower courts concerning the powers, activities of public bodies or officers. Administrative Law states the law relating to the exercise of the public functions of government and administration, including access to information regarding such, recourse such as tribunal review, ombudsman investigation and judicial review. The expressions "public body" and "public officer" are defined by section 53 (3C) of the Supreme Court Act 1970 - "public officer" means a person holding or acting in a public office under the government of the State or an office created by or under an Act and required to perform or performing public duties, but does not include a prescribed tribunal. A Judge or a master, registrar or other officers of the Court are also exempted. "public officer" means a person holding or acting in a public office under the Government of the Commonwealth or an office created by or under a Commonwealth Act and required to perform or performing public duties, but does not include an officer of a Court exercising federal jurisdiction. (1) "public body" means a body of persons, whether corporate or unincorporated, constituted by or under a Commonwealth Act and required to perform or performing public duties, but does not include a Court exercising federal jurisdiction Fifty six specific New South Wales and Commonwealth Acts or Act sections have been assigned to the Administrative Law Division. FOOTNOTES (1) "Court exercising federal jurisdiction" is defined in section 26 (c) of the Acts Interpretation Act 1901-1973. REFERENCES Supreme Court Rules