JUDICIAL REVIEW ACT 1991 - As at 1 March 2023 - Act 100 of 1991

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

Division 1 - Introductory

• 1 Short title

Division 2 - Interpretation

• 3 Definitions
• 4 Meaning of decision to which this Act applies
• 5 Meaning of making of a decision and failure to make a decision
• 6 Making of report or recommendation is making of a decision
• 7 Meaning of person aggrieved
• 8 Conduct engaged in for making decision—preparatory acts
• 9 Power conferred by enactment—non-statutory scheme or program

Division 3 - Relationship with other review rights

• 10 Rights conferred by Act additional to other review rights
• 11 When application for other review may be dismissed
• 12 When application for statutory order of review may be dismissed
• 13 When application for statutory order of review must be dismissed
• 14 When application for statutory order of review concerning interim initial proceeding must be dismissed
• 15 Exercise of powers under div 3

Division 4 - Relationship with other laws

• 16 Commonwealth Administrative Decisions (Judicial Review) Act
17. (Repealed)
• 18 Operation of other laws

Division 5 - Application of Act

• 18A Application of Act to GOCs, rail government entities and State electricity entities
18B. (Repealed)
• 18C Application of Act to State and relevant entity under Transport Infrastructure Act 1994

PART 2 - JURISDICTION

• 19 Jurisdiction of Supreme Court

PART 3 - STATUTORY ORDERS OF REVIEW

• 20 Application for review of decision
• 21 Application for review of conduct related to making of decision
• 22 Application in relation to failure to make decision
• 23 Meaning of improper exercise of power (ss 20(2)(e) and 21(2)(e))
• 24 Decisions without justification—establishing ground (ss 20(2)(h) and 21(2)(h))
• 25 Way of making application
• 26 Period within which application must be made
• 27 Applicant not limited to grounds in application
• 28 Application to be made party to proceeding
• 29 Stay of decision
• 30 Powers of the court in relation to applications for order of review

PART 4 - REASONS FOR DECISION

• 31 Decision to which part applies
• 32 Request for statement of reasons
• 33 Decision-maker must comply with request except in certain circumstances
• 34 Content of statement
• 35 Exception for information relating to personal or business affairs
• 36 Exception for information covered by Attorney-General’s certificate
• 37 Consequences of s 35 or 36 applying to information
• 38 Application for order to comply
• 39 Application for order that person not entitled to statement
• 40 Application for further statement

PART 5 - PREROGATIVE ORDERS AND INJUNCTIONS

• 41 Certain prerogative writs not to be issued
• 42 Abolition of quo warranto
• 43 Application for review
• 44 Who may make application
• 45 Way of making application
• 46 Time of making application
• 47 Powers of court

PART 6 - MISCELLANEOUS

• 48 Power of the court to stay or dismiss applications in certain circumstances
• 49 Costs—review application
• 50 Costs—application for reasons for decision
• 51 Intervention by Attorney-General
• 52 Change in occupancy of office
• 53 Respondent to applications concerning decisions of Governor in Council
• 54 Amendment of documents
55. (Repealed)
• 56 Strict compliance with rules not required
• 57 No filing fee for application for reasons for decision

PART 7 - DECLARATIONS

• 58 Small Claims Tribunals Act 1973 reference
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 6