NSW Administrative Law Torts

[Jaywoo220]

What administrative law torts are there in Australia? Any?

If yes, what are the elements?

 

[Docupedia]

Can you give some more information? I’m not sure I understand what you’re asking. Torts is a common law area, and administrative law is largely (probably solely) a creature of statute. They’re not likely to mix - it‘s a bit like asking ‘what criminal law contracts are there?’

Do you perhaps mean what torts apply to public servants? - based on the common themes of your other postings. If so, you’re going about it the wrong way. You don’t pick out a ‘law’ and try to make it fit to a set of circumstances. Rather, you consider the circumstances and see what law or laws apply to them. Doing the former is like deciding you have cancer and then searching for the symptoms.

 

[Jaywoo220]

I understand but providing detailed information or background is beyond scope.

Okay, please name some:

Misfeasance of public office?

Maladministration? I cannot really find this as a tort, only through legislation such as the public disclosures act.

Decective administration only seems to apply to commonwealth government agencies.

Negligent misrepresentation (mistatement)?

 

[Jaywoo220]

I suppose the question is there a cause of action for administrative decisions which cause loss?

Or

How do you integrate administrative law woth the law of torts?

 

[Docupedia]

Then, without further information, I don't see how anyone can help you. Do torts apply to public agencies/public servants? Yes. The issue is likely to be not so much as 'what torts apply?' as it is 'how protected are they and what defences do they have?' I'd say the answer to that question is 'a lot'.

In very general terms:
1. Look at the act governing the 'administrative decision' or function. Consider what powers the agency is granted (that may give a clue to where they may have viable defences), whether there are any offences for breach (which might displace a common law remedy), and whether any immunities/defences are granted.
2. Consider the type of tort you suspect from the facts.
3. Look at the elements of that tort which you would be required to prove.
4. Look at what defences the agency might have.