Commonwealth Consolidated Acts

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 Magistrates 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:

                     (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 Magistrates Court, 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 Magistrates Court under section 5, 6 or 7 in respect of that decision, conduct or failure; and

                     (b)  the Federal Court or the Federal Magistrates Court 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.