How Government Makes Decisions

Useful for: Government, Business, Non-Government Organisations

In Brief

  • Government decisions must be defensible, ethical, and accountable.
  • Decisions made by government at different levels may require different considerations and standards to be met.
  • Keep good records of communications leading up to the decision and reasons the decision was made.
  • Ensure the general principles of good administrative decision making are followed regardless of the scope of the decision maker’s power and how wide their discretion is.
  • General principles to be observed include:
    • Provide procedural fairness – fair hearing and no perception of bias;
    • Make objectively reasonable decisions taking into account all relevant considerations and ignoring irrelevant ones;
    • Carry out relevant due diligence (make enquiries) before making the decision and do not apply government policy inflexibly.
  • The Ombudsman is there to investigate and provide remedies in relation to administrative decision-making and can investigate a matter either of their own volition or upon receiving a complaint from the public.
  • Once the primary decision has been made and any internal complaints or review processes are exhausted, an aggrieved recipient of a decision can seek further advice from the Ombudsman or may in certain circumstances seek to have the decision reviewed in a civil appeals tribunal or the courts.

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