You web browser may not be properly supported. To use this site and all its features we recommend using the latest versions of Chrome, Safari or Firefox

We are continuing to serve clients during the COVID-19 pandemic More Info.

Financial Advice 2

What is Administrative Law?

Administrative law has been described as the set of legal principles that governs the relationship between the government and the governed.

The exercise of powers by government departments must be based on legal authority. That authority is usually found in:

  • statutes (laws passed by Parliament); or
  • regulations made by regulatory authorities.

These laws and regulations can give regulatory authorities the power to make decisions that affect your individual rights.

Administrative law deals with challenging those decisions.

Case study

A prominent Victorian real estate agent with 14 years’ experience in the industry was charged and convicted of a criminal offence. The offence did not have any connection to their business dealings and did not result in a custodial sentence, however the estate agent’s licence was automatically cancelled.

The Estate Agents Act 1980 (Vic) (Act) provides that a person’s estate agent’s licence is automatically cancelled 30 days after being convicted of an offence.

However, the Act also enables a person to apply to the Business Licensing Authority (BLA) for permission to hold a licence, despite the conviction. The test is whether the BLA is satisfied that it would not be contrary to the public interest to grant permission.

The agent applied to the BLA and Slater and Gordon made detailed submissions as to why they should be able to hold a licence. The BLA decided to refuse the application and the agent’s licence was cancelled.

Slater and Gordon then made an application on behalf of the agent to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the BLA’s decision.

VCAT heard evidence of the agent’s good reputation and character, their standing in the industry and the uncharacteristic nature of the offending. VCAT decided to set aside the BLA’s decision and grant the agent permission to hold their licence.

As a result, the agent was able to continue in the real estate industry and preserve a successful business that had taken eight years to establish.

The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.

Thank you for your feedback.

Related blog posts

Consumer and the Law
Liar loans: how mortgage brokers are putting clients at risk

The term ‘liar loans’ has been coined on the back of the Banking Royal Commission. This is because studies have shown almost 40 per cent of loan applications completed through mortgage brokers contained at least one factually incorrect statement. Whether mortgage brokers are providing lenders with incorrect information, or information that is out-of-date, they are putting themselves – and their clients – at risk. A recent study conducted by the Consumer Credit Legal Centre in New South Wales identified some mortgage brokers were breaking the law when filling out loan applications for their clients. Common examples included brokers suggesting their clients provide a different answer...

Planning desk close up documentresize
Consumer and the Law
How to lodge a complaint with Australian Financial Complaints Authority

The Australian Financial Complaints Authority (AFCA) acts as the middleperson between financial firms and consumers or small businesses, offering free and independent dispute resolution services. It deals with complaints about financial advice, insurance, banking and superannuation products and services. While the time limit to lodge a complaint to AFCA is usually between two and six years, the Australian Government recently created the opportunity for those with complaints up to 10 years old to come forward. This means consumers and small businesses have until 30 June 2020 to lodge complaints dating back to 1 January 2008. To lodge a complaint, you must follow AFCA’s process. It is...

How to lodge a complaint with Australian Financial Complaints Authority
Business Law
Proposed Changes to the Franchising Code of Conduct

Franchising is big business in Australia, with approximately 1,120 franchise systems and 79,000 franchise units operating nationally1. As franchising is a diverse sector with characteristics that are unique from other business models, franchises are governed by a mandatory Franchising Code of Conduct (Franchising Code).2 The Parliamentary Joint Committee on Corporations and Financial Services recently completed an inquiry into the operation and effectiveness of the Franchising Code and has released the Fairness in Franchising Report (Report).3 Some of the key findings and recommendations of the report are discussed below. The Committee recommends that the Australian Government establish an...

Waitress In Black Apron Upload

We're here to help

Start your online claim check now. Or, if you have a question, get in touch with our team.