ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 - SECT 10 Rights conferred by this Act to be additional to other rights

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 - SECT 10

  (1)   The rights conferred by sections   5, 6 and 7 on a person to make an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) in respect of a decision, in respect of conduct engaged in for the purpose of making a decision or in respect of a failure to make a decision:

  (a)   are in addition to, and not in derogation of, any other rights that the person has to seek a review, whether by the court, by another court, or by another tribunal, authority or person, of that decision, conduct or failure; and

  (b)   shall be disregarded for the purposes of the application of subsection   6(3) of the Ombudsman Act 1976 and section   40TF of the Australian Federal Police Act 1979 .

  (2)   Notwithstanding subsection   (1):

  (a)   the Federal Court or the Federal Circuit and Family Court of Australia (Division   2), or any other court, may, in a proceeding instituted otherwise than under this Act, in its discretion, refuse to grant an application for a review of a decision, conduct engaged in for the purpose of making a decision, or a failure to make a decision, for the reason that an application has been made to the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) under section   5, 6 or 7 in respect of that decision, conduct or failure; and

  (b)   the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) may, in its discretion, refuse to grant an application under section   5, 6 or 7 that was made to the court in respect of a decision, in respect of conduct engaged in for the purpose of making a decision, or in respect of a failure to make a decision, for the reason:

  (i)   that the applicant has sought a review by the court, or by another court, of that decision, conduct or failure otherwise than under this Act; or

  (ii)   that adequate provision is made by any law other than this Act under which the applicant is entitled to seek a review by the court, by another court, or by another tribunal, authority or person, of that decision, conduct or failure.

  (3)   In this section, review includes a review by way of reconsideration, re - hearing, appeal, the grant of an injunction or of a prerogative or statutory writ or the making of a declaratory or other order.