In accordance with the Local Government Act 2019 any person who is adversely affected by a reviewable decision may apply for a review of the decision within 28 days of the decision.
Reviewable Decisions have administrative review provisions to enable an affected external party who disagrees with certain Decisions made by Council, its Committees, or Staff Members to seek a review of the Decision.
Examples include:
- Certain decisions of Council or its Committees are prescribed by the Local Government Act 2019 as reviewable;
- Administrative Decisions made by Council staff are reviewable e.g. Regulatory Orders;
- Freedom of Information decisions are also reviewable.
Depending on the matter, an administrative review can be carried out by Council, one of its Committees, or a senior Council Staff Member. Administrative reviews are carried out to ascertain whether or not a decision was made:
- In accordance with applicable law;
- In the public interest;
- In accordance with any applicable guidelines;
- Taking into account any additional and extenuating circumstances.
There are three (3) possible outcomes from an administrative review:
- The decision is affirmed (it stands as originally made);
- The decision is overturned in part (the decision stands, but with changes);
- The decision is overturned in full (the decision is stopped, and a new decision will be made in its place).
To discuss the administrative review process or to lodge an application for a Review of a Decision, please do so in writing via email.