Review of AFMA decisions

External Review

If you are not satisfied with how we have handled any complaint that you have made, you can refer the matter to the Commonwealth Ombudsman. You may also ask a friend or relative, a Member of Parliament, legal representative or a welfare or community group to assist you with a complaint or ask them to make a complaint on your behalf. Complaints can be made in writing, by phone, in person or by using their online complaint form

Office of the Commonwealth Ombudsman
GPO Box 442
CANBERRA CITY ACT 2601

Phone 1300 362 072 (local call charge)
Email: ombudsman@ombudsman.gov.au

If you are dissatisfied with an AFMA decision

If you are unhappy with the process or outcome of an AFMA decision, there are two main avenues for review:

Merits review: If you feel that AFMA made an incorrect decision, you should investigate your right to a Merits review.

Judicial review: If you feel that the AFMA decision was unlawful in process or outcome, you should investigate your right to a judicial review.

Merits review

A person affected by a relevant decision made by AFMA who is dissatisfied with the decision may seek a reconsideration of that decision by AFMA. A relevant decision is defined in section 165(1) of the Fisheries Management Act 1991. AFMA is obliged where it makes such a relevant decision to inform you of this right of review.

Applications for reconsideration of a relevant decision must be made within 21 days after being notified by AFMA of the decision, or if an extension is sought within that 21 period, such further time as allowed by AFMA.  They must further set out the reasons for making the request.

AFMA must within 45 days of receiving the request, reconsider the relevant decision and may make a decision in substitution of the relevant decision, whether on the same terms or not, or revoke the relevant decision. AFMA must then inform you of the result of the reconsideration and provide you with reasons for its decision. AFMA’s decision on reconsideration is known as a reviewable decision.

Where AFMA makes a reviewable decision, subject to the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by the decision may make an application to the Administrative Appeals Tribunal for a review of the decision. As with relevant decisions, when AFMA provides you with notice of a reviewable decision it is obliged to advise you of this right of review.

Merits review – decisions as to whom the grant of SFRs is to be made

A person who is dissatisfied with a decision by AFMA or a Joint Authority as to the person or persons to whom statutory fishing rights is to be made and is registered as an eligible person in relation to the grant of a fishing right to which the decision relates may subject to the Fisheries Management Act 1991 apply to the Statutory Fishing Rights Allocation Review Panel for a review of that decision.

The application must:

  • include details of the decision
  • clearly outline the nature of the requested review, and
  • include reasons why the review is sought.

Judicial review

Depending on the nature of the decision, you may also have the right to make an application to the Federal Court for judicial review of the decision under the Administrative Decisions (Judicial Review) Act 1977 and/or the Judiciary Act 1903. You should seek independent legal advice as to the existence and nature of such rights.