This is a single section from Chapter 25. Read the full chapter here.

Will the legislation provide for a process of internal review?

A process of internal review should be provided as the first stage in the complaints/appeal process.

 

Judicial review should not be relied on as the sole process of challenge.

It is good practice to provide for a process of internal review through which complaints are considered and a person or body within the department reviews the decision. Where used in appropriate cases (such as administrative decisions that relate to entitlements or benefits), internal reviews are an effective way of identifying and correcting mistakes without the cost and publicity that an appeal to an external body or judicial review may attract. While many bodies operate internal review procedures without legislative provision, it is good practice for legislation to provide for and set out the procedure for the internal review, any criteria to be applied to the review, and any limits on the scope of the review. It will generally be acceptable for the legislation to require a person to first apply for an internal review before appealing to an external body. This gives the public body the opportunity to correct any mistakes without the need to commence formal proceedings.

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