Law Challenges for Administrative Justice

Question: Discuss about theLawfor Challenges for Administrative Justice. Answer: In this paper, we discuss the problem or issue related to administrative law, and discussion on rule and principle of Administrative law. Issue Related to Administrative Law: Complexity: a large number of people find difficulty in understanding the government programs. Usually people do not understand the detail law of 8000 pages, almost 130 categories of visa in case of immigration or tax benefits related to families and schemes related to child support because such programs required forecasting the future incomes, work commitments and family care arrangements. Because of number of complex requirements and legal obligations by government confused the general public which results in complexity. In complex working system general public choose wrong options, break the rules and regulations, and they get confused in different programs. Because of these complex requirements by government people get confused and rely on the advice of the government regarding what to do, and how to do. It happen lot of time when people ask the wrong question or understand the wrong answer. These issues causes frustration and irritation, and sometimes it result in administrative penalties or loss of entitlements (McMillan, 2010). In case, of breach or fail to comply with these government requirements, then this will lead to administrative penalty or loss of entitlements. For example: incorrect information in the return attract penalty up to 25%, 50% or 75% of the calculated tax. Poor decision making and human frailty: there are number of cases which are identified by courts in which there is defective decision making, and such defects are corrected by courts, tribunals, and ombudsman. Such defects includes misinterpretation of legislation, courts analyze the information in wrong way, arrest or detain the people for wrong reason, and application of inappropriate penalties. However, these corrections cannot deny the fact that mistakes are done in frequent manner in this administrative system. It was the common activity that officers file the documents in wrong way, confuse the dates and names, and miss the deadlines or provide confidential information to the wrong people. These mistakes are human errors but it will result in dramatic consequences. Because of these simple errors number of people faces difficulty (Law handbook, n.d.). Three questions that are meant to generate a discussion about an Administrative Law rule or principle: How these administrative laws resolve the problem related to complexity? It is necessary that government make law programs that are easy to understand, and does not involve any complex requirements. Easy and understandable programs help in understanding the requirements and reduce the confusion. Is that possible that administrative law reviews the penalty provisions? Penalties are necessary for the person who breaches the regulations, but there are number of penalties which are caused due to confusion in understanding the regulations. Government also makes some provisions for those also who did not commit breach intentionally (Gleeson, 2001). How governments deal with the mistakes made by department? Mistakes made by departments are human errors but their effects are dangerous. It is necessary that government develop a department which keep an eye on the activities of officials and reduce such mistakes. References: McMillan, J. (2010). Ten challenges for administrative justice. Retrieved on 10th October 2016 from: https://www.ombudsman.gov.au/__data/assets/pdf_file/0014/30128/8-August-2008-Ten-challenges-for-administrative-justice.pdf. Law handbook. Administrative Law - Challenging Government Decisions. Retrieved on 10th October 2016 from: https://www.hobartlegal.org.au/book/export/html/901. Gleeson, M. (2001). Courts and the rule of law. Retrieved on 10th October 2016 from: https://www.hcourt.gov.au/assets/publications/speeches/former-justices/gleesoncj/cj_ruleoflaw.htm.