Summary
The Administrative Decisions (Judicial Review) Regulations (Amendment) 2005 amend the principal Administrative Decisions (Judicial Review) Regulations made under the Administrative Decisions (Judicial Review) Act 1977. The principal regulations establish the procedural framework for challenging Commonwealth administrative decisions through the courts, including specifying which decisions are subject to judicial review, timeframes for lodging applications, requirements for statements of reasons, and court procedures. The 2005 amendment would have updated procedural requirements or expanded/reduced the scope of reviewable decisions.
Reason
Australians would be worse off if deleted because judicial review provides an essential accountability mechanism for government decisions. Without these regulations, citizens would have no standardized procedural pathway to challenge unlawful administrative action, weakening the rule of law that Friedman, Hayek, and Mises identified as essential for a free society. While any regulation carries compliance costs, the ADJR regulations primarily govern process rather than restricting economic activity, and the benefit of having a lawful check on government power outweighs the procedural burden. Removing judicial review mechanisms would create a vacuum where government decisions could not be effectively challenged, which is fundamentally incompatible with liberty and prosperity.