Practice area

Administrative & Public Law

Define the intended work in Administrative & Public Law, confirm the applicable requirements and select a task to plan the necessary review.

Key facts

Tasks covered
34
Tasks with a step-by-step checklist
15
Local differences
3 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Administrative & Public Law
TaskHow AI is usedHuman involvementWhat the lawyer must review
Build a review-rights and time-limit table from the decision letterStart this taskSee suggested levelsExtract the decision type, date of notice and candidate review paths into a table against the enabling provisions the lawyer has named.RedLawyer-led
  • Take jurisdiction and time limits from the current empowering statute
  • Do not borrow a neighbouring tribunal's rules
Draft judicial-review grounds for the Federal Court or FCFCOAChecklistStart this taskSee suggested levelsOutline candidate grounds with record references. Meet GPN-AI disclosure before filing; keep confidential, privileged or suppressed material out of the tool.RedLawyer-led
  • Check each authority on AustLII and read the paragraph
  • Note invented cases: Valu [2025] FedCFamC2G 94 & 95, JNE24 [2025] FedCFamC2G 1314
  • Note also Pasuengos [2025] FedCFamC2G 2129
  • Quote verbatim
  • Frame grounds under the ADJR Act 1977, s 39B Judiciary Act 1903 or constitutional writs
  • Put the GPN-AI (16 April 2026) declaration at the top: tool, function, location
Draft a statement-of-reasons request and a reasons-deficiency tableStart this taskSee suggested levelsDraft the request letter, then list missing findings, unaddressed mandatory considerations and unexplained steps from the reasons that come back.YellowClose supervision
  • Confirm the statutory trigger for reasons
  • Do not treat a missing paragraph as automatically an error
Draft an FOI request and review application under the FOI Act 1982 (Cth) or the state ActChecklistStart this taskSee suggested levelsDraft a request, internal-review or Information Commissioner review application, and tabulate claimed exemptions under the FOI Act 1982 (Cth) or the named state Act.YellowClose supervision
  • Confirm the Act: FOI Act 1982 (Cth) or the state Act
  • State Acts include RTI Act 2009 (Qld), GIPA Act 2009 (NSW), FOI Act 1982 (Vic)
  • Check Cth deadlines: 30 days for internal review, 60 for IC review
  • Check ss 47C, 47E, 47F claims
  • Do not treat the FOI Amendment Bill 2025 as law; it was withdrawn in March 2026
Build a lawful-decision checklist for an agency clientStart this taskSee suggested levelsFrom the empowering provision and the proposed process, list power, mandatory considerations, consultation steps and record-keeping still required.RedLawyer-ledRe-derive power and fairness from the current statute; this advice will be acted on
Build a tribunal hearing chronology and document listStart this taskSee suggested levelsSummarise the evidence bundle into a chronology, extract key facts from departmental records and list inconsistencies across statements.YellowClose supervision
  • Check extracts against the page
  • Check the summary has not dropped an inconvenient date
Build a delegated-legislation validity checklist under the Legislation Act 2003ChecklistStart this taskSee suggested levelsFrom the instrument and empowering Act named, list intra vires, subject-matter, procedure and Henry VIII questions, mapped against the Legislation Act 2003 (Cth).YellowClose supervision
  • Use current consolidated texts from the Federal Register of Legislation
  • Confirm registration, force, disallowance and sunsetting
  • Confirm instrument type: legislative, notifiable or neither
  • Cite the Legislation Act 2003, not the Legislative Instruments Act 2003
Map procedural-fairness steps for a proposed decisionStart this taskSee suggested levelsFrom the decision type and the affected interest, list notice, hearing, bias and disclosure steps already taken and still required.RedLawyer-led
  • Decide what fairness requires in this context
  • Do not treat a generated checklist as the content of the hearing rule
Build an AI-use gap table for an agency clientStart this taskSee suggested levelsMap the agency's described AI uses to the government AI policy headings the lawyer has listed, and mark missing impact assessments and human-review paths.YellowClose supervision
  • Open the current mandatory policy for that government
  • Do not rely on a knowledge-cutoff summary
Draft a VCAT, NCAT, QCAT or SAT application from the decision papersChecklistStart this taskSee suggested levelsDraft an application, chronology and submissions outline from the decision and tribunal form named; meet the tribunal's AI disclosure practice note before filing.YellowClose supervision
  • Do not default to Commonwealth law
  • Confirm the enabling Act: VCAT Act 1998 (Vic), Civil and Administrative Tribunal Act 2013 (NSW)
  • Or: QCAT Act 2009 (Qld), SAT Act 2004 (WA)
  • Check standing, time limits and remedies
  • Meet the tribunal's AI rules (NCAT PD 7; PNVCAT11; Qld guidelines)
  • Check for follow-ups to the VLRC report (3 Feb 2026)
Verify and disclose generative AI in an Administrative Review Tribunal documentChecklistStart this taskSee suggested levelsExtract citations, chronology rows and any translated passages from a draft Tribunal document into a checking list.RedLawyer-led
  • Remember the lawyer remains responsible for the document
  • Do not treat the tool's confirmation of its own output as verification
Draft a notice of objection to production or a public-interest-immunity scheduleStart this taskSee suggested levelsFrom the notice to produce and the documents the agency has gathered, the tool indexes each document by date, author, recipient and file reference as they appear on its face, groups the documents under the ground the lawyer has already marked for each, and flags documents already produced or published elsewhere in the proceeding as waiver risks. It then compares the descriptions the lawyer has written against the source documents and against the schedule the court or tribunal requires, and reports any description that reproduces the protected content: the tool writes no part of the objection or the schedule — no draft, no candidate grounds, no document descriptions, and nothing in any supporting affidavit or ministerial certificate.RedLawyer-ledThe lawyer settles the grounds document by document — legal professional privilege, public interest immunity, a statutory secrecy provision, or the terms of the notice itself — and checks that each description they have written identifies the document well enough for the objection to be ruled on without disclosing the content or the substance of the protected communication. Confirm against the source documents that no listed document has already been produced or published in a way that waives the claim, that the schedule answers the form the court or tribunal requires, and that the objection is signed and served within the time the notice allows; where the claim is verified by affidavit or by a ministerial or officer's certificate, that evidence is the deponent's own and is taken from them in the usual way.
Build the schedule of documents for an information-access decisionStart this taskSee suggested levelsDraft the schedule rows from the lawyer's marked-up document set: number, date, author and recipient, a neutral description and the folio range, carrying the recorded decision and the provision across for each item without altering them. List any document with no recorded decision, no folio range, or a description that repeats content the lawyer has marked as exempt.GreenLawyer reviewThe lawyer confirms the schedule matches the documents actually within scope, that each description discloses nothing exempt, and that the decision and the provision recorded against every row are their own.
Run the third-party consultation for an information-access requestStart this taskSee suggested levelsDraft each consultation letter from the validated template using the document details the lawyer has selected, and maintain the register of who was consulted, the date sent, the response date and whether a submission in support of an exemption contention was received. Flag any draft letter that reproduces content the lawyer has marked exempt, or that would identify the applicant.YellowClose supervisionThe lawyer decides who must be consulted and whether consultation is reasonably practicable in the time available, confirms the applicant's identity is not disclosed without the applicant's agreement, and confirms the recalculated due date before the letters go out.
Work up the public interest test for a conditionally exempt documentStart this taskSee suggested levelsOrganise the statutory factors for and against disclosure into a table against the documents and passages the lawyer has marked, extract the material the lawyer has identified as bearing on each factor with exact references, and list factors asserted with nothing on the file behind them. Write nothing into the statement of reasons, do not weigh the factors and do not state a conclusion.RedLawyer-ledThe decision-maker performs the balance, decides which factors are open on the evidence and writes the reasons; the lawyer checks that no class claim and no irrelevant factor has been carried into the decision.
Prepare the notice of decision and reasons on an access requestStart this taskSee suggested levelsWork with the lawyer to draft the notice from the validated template and the regulator's published checklist, taking the decision on each document and the findings from the decision-maker and keeping every finding tied to the document or evidence it came from. Flag any exemption claimed in the schedule that the draft does not explain, and any statement of review rights or timing that does not match the file.YellowClose supervisionThe decision-maker adopts the findings as their own; the lawyer checks that each exemption is explained document by document rather than by class, that the reasons themselves disclose no exempt content, and that the review rights, fees and time limits stated are correct for the scheme.
Prepare a refusal-to-deal consultation notice and the processing estimate behind itStart this taskSee suggested levelsDraft the consultation notice from the validated template so that it states the practical refusal reason relied on, names the contact officer and the consultation period, sets out the estimated time for each processing step from the lawyer's sample-search figures, and puts the narrowing suggestions the lawyer has settled on.GreenLawyer reviewThe lawyer owns the estimate and the sample it rests on, confirms the contact arrangements and consultation period meet the section's requirements, and checks that the suggestions offered would actually remove the practical refusal reason.
Check the release copy against the decision before documents leave the agencyStart this taskSee suggested levelsCompare the release copy against the schedule and the notice of decision and list every discrepancy: a deletion claimed but not applied, a deletion applied but not claimed, a missing or extra page, a folio range that does not match, a document released that the decision refused. Do not edit, redact or regenerate any part of the release copy.RedLawyer-ledThe lawyer resolves every discrepancy against the source document, confirms each deletion is irreversible in the format actually being sent, and authorises both the release and any publication.
Trace the delegation and authorisation behind a decisionStart this taskSee suggested levelsDraft the trace from the instruments and position records the lawyer supplies: the conferring provision, each delegation or authorisation with its commencement and any repeal or replacement, the version in force on the decision date, and the position held by the person who decided. Flag any link with no instrument, an instrument made after the decision, and any decision made at a level the instrument does not cover.YellowClose supervisionThe lawyer verifies each instrument against the register or the agency's records, confirms the point-in-time version, and decides whether an express delegation, a statutory authorisation or the Carltona principle is what supports the decision.
Assemble the decision-maker's lodgement bundle for a tribunal reviewStart this taskSee suggested levelsDraft the index and apply the pagination across the document set the decision-maker has identified as relevant, in the order and form the tribunal's practice direction requires, and maintain the register of documents that come into the decision-maker's possession after lodgement, with the date each was received and the date it must be lodged by.GreenLawyer reviewThe lawyer decides what is relevant to the review, settles any claim that material should be withheld from a party, confirms which jurisdictional-area practice direction applies, and signs the lodgement.
Draft the statement of reasons for a reviewable decisionStart this taskSee suggested levelsWork with the lawyer to draft the reasons from the decision-maker's findings and the material actually before them, keeping each finding tied to the evidence it came from, and list any finding in the draft with nothing on the file behind it and any material on the file the draft does not deal with.YellowClose supervisionThe decision-maker adopts the findings and the reasoning as their own; the lawyer checks that every material question of fact is addressed, that no finding rests on material the decision-maker did not have, and that nothing has been added after the event to improve the decision.
Respond to an Ombudsman investigation and proposed reportStart this taskSee suggested levelsWork with the lawyer to draft the response and build the corrections table: each statement in the proposed report, the agency material that bears on it, and the correction sought with its file reference. Flag every assertion in the report that the file does not address.YellowClose supervisionThe lawyer confirms each correction against the source record, decides what is put and what is conceded, checks that the response discloses nothing it should not, and settles the agency's position on each recommendation.
Advise an agency on AI use under the DTA policy v2.0ChecklistStart this taskSee suggested levelsCommonwealth onlyMap proposed uses to the mandatory requirements.YellowClose supervisionConfirm requirements and accountable officials.
Check an ART submission against the Generative AI Practice Direction checklistChecklistStart this taskSee suggested levelsCommonwealth onlyComplete the ART checklist item by item.YellowClose supervisionVerify and be ready to explain tool use.
Draft an RTI/FOI external-review submission for an applicantChecklistStart this taskSee suggested levelsQueensland, New South Wales onlyOrganise the decision, exemptions claimed and reasons into a cited submission outline.YellowClose supervisionOIC Qld asks applicants to verify AI-produced content; check every exemption against the Act.
Assess an agency's use of generative AI under state information-privacy lawChecklistStart this taskSee suggested levelsNew South Wales, Queensland, Victoria onlyBuild a gap table against the agency's AI policy and privacy principles.YellowClose supervisionLawyer confirms the governing statute (PPIPA, PDPA Vic, IP Act Qld).
Prepare a tribunal submission compliant with the ART Gen AI practice directionChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyOrganise the submission and the AI-use disclosure required by the ART direction.YellowClose supervisionVerify every citation; follow ART PD (Aug 2026).
Advise an agency on generative AI in decision-makingChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyMap the decision process against rules barring AI in reasons and outcomes.YellowClose supervisionLawyer confirms legality of delegation and procedural fairness.
Triage self-represented applicants' AI-drafted review applicationsChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlySummarise grounds and flag apparent fabricated authorities.RedLawyer-ledOfficer checks every authority.
Summarise a VLRC or law-reform paper for an agency clientChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyProduce an executive summary with paragraph pinpoints.GreenLawyer reviewCheck pinpoints against the report.
Draft an AI transparency statement for a Commonwealth agencyChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyDraft from the agency's AI use register.YellowClose supervisionCheck DTA policy requirements.
Analyse automated decision-making in a government decision for review groundsStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksMap automated steps to legality, procedural fairness and reasons duties.YellowClose supervisionLawyer gives the advice.
Prepare an ART application outline from the decision and reasonsStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksDraft grounds from the reasons.YellowClose supervisionLawyer settles; check ART AI practice requirements.
Summarise agency AI transparency statements for a clientStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksCompare published AI statements.GreenLawyer reviewVerify the current statements.

Firm-wide obligations

Firm-wide obligations
ObligationWhat it covers
Trust accounting & handling client moneyChecks that apply across files.
Costs, billing & litigation fundingChecks that apply across files.
Client-facing & access-to-justice AI toolsChecks that apply across files.
Incoming evidence — deepfakes & synthetic documentsChecks that apply across files.
AI decision systemsChecks that apply across files.
Confidentiality & client informationChecks that apply across files.
AML/CTF — the practice as a reporting entityChecks that apply across files.
What changes in Australia
What changes in Australia
TopicWhat changes
ScopeJudicial review, merits review before the Administrative Review Tribunal, FOI, constitutional challenges and advice to agencies on lawful decision-making.
Where it goes wrongWork is deadline-driven and turns on exact statutory terms and moving ART and Federal Court authority, the conditions where invented authority is most likely.
Decided casesValu [2025] FedCFamC2G 94 & 95, JNE24 [2025] FedCFamC2G 1314, Pasuengos [2025] FedCFamC2G 2129, Luck [2025] FCAFC 26 and Re Dayal [2025] led to disciplinary or costs outcomes.
Recent changeThe ART replaced the AAT (14 October 2024); a new on-the-papers migration regime began 18 May 2026; the GPN-AI Practice Note took effect 16 April 2026.

Precedents for this area

All precedents for Administrative & Public Law. Signed-in accounts can read the full text.

Related jurisdictions