Review of Government Decisions
If you are dissatisfied with a decision made by a government agency, obtaining clear, practical advice from an experienced regulatory compliance lawyer is essential.
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There are strict time periods for applying for reviews and appeals. Getting KDC Legal involved early will ensure the best possible outcome.Â
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KDC Legal offers a free initial strategy consultation to allow us to understand your matter, provide you with initial guidance and help you understand how we can assist you through the matter.
Merits Review vs. Judicial Review in Queensland
When a government agency makes a decision that affects your business or livelihood, two distinct legal pathways exist to challenge it — and choosing the right one determines everything about your strategy and outcome.
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Merits review is where a Tribunal, such as QCAT, or a court, such as the Planning and Environment Court, takes a fresh look at the original decision, examining the facts, evidence, and policy considerations from scratch. The review isn't simply asking whether the decision-maker followed the rules — it's empowered to determine the decision outright, and can substitute its own judgment for the agency's.
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Judicial review, governed by the Judicial Review Act 1991, operates on an entirely different plane. As the Supreme Court of Queensland recognizes, the object of the Act is to ensure administrative decisions "are made according to law." The court doesn't weigh the merits — it examines whether the decision-maker acted within their legal authority, followed proper procedure, or denied procedural fairness. Understanding the difference between merits review vs. judicial review in Australia is essential before lodging any application, since the procedural rights available to you — and the remedies on offer — differ significantly between the two forums.
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The critical distinction: Merits Review can change a decision; the Supreme Court on Judicial Review can only set it aside for being unlawful. chan
Securing Procedural Fairness in Regulatory Disputes
Procedural fairness is the cornerstone of legitimate administrative decision-making — encompassing the right to be heard and the right to an unbiased decision-maker. When a regulator acts without affording these rights, the decision is vulnerable to challenge regardless of its substantive outcome.
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As the Queensland Law Handbook confirms, administrative law functions as a direct check on executive power, preventing regulatory bodies from exceeding their jurisdiction. For mid-market businesses facing licensing cancellations, penalty notices, or adverse rulings, this isn't abstract theory — it is a practical shield. Queensland's Human Rights Act 2019 adds another layer, requiring decision-makers to consider human rights obligations when exercising statutory powers, which intersects meaningfully with administrative review proceedings before the Queensland Civil and Administrative Tribunal.
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Tribunal environments operate under formal procedural rules, strict timeframes, and evidentiary standards that reward preparation. Much like understanding your rights in a criminal context, navigating a regulatory dispute demands senior legal expertise — representation who can identify jurisdictional errors, frame grounds precisely, and present arguments with the clarity tribunals expect. Precision, clarity, and confidence are not optional; they determine outcomes.
Who Might Have Rights to Review or Appeal a Decision
Where legislation creates a right of appeal or review it will state clearly who may exercise those rights. Usually those rights will be exercisable by the person or entity that the decision is about, or in the case of an application, the person or entity that made the application.
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However, any person or entity who is aggrieved by an administrative decision, particularly where their rights or interests are adversely affected by the decision, may have a right to review the decision under the Judicial Review Act 1991. This is commonly referred to a judicial review or statutory review.​
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Strict time periods apply to the making of application to review or appeal matters.Â
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If you are dissatisfied with a decision, you should contact us as a matter of urgency.Â
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