JUDICIAL REVIEW ACT 1991 - SECT 21
Application for review of conduct related to making of decision
JUDICIAL REVIEW ACT 1991 - SECT 21
Application for review of conduct related to making of decision
21 Application for review of conduct related to making of decision
(1) If a person has engaged, is engaging, or proposes to engage, in conduct
for the purpose of making a decision to which this Act applies (whether by the
person engaging in the conduct or by another person), a person who is
aggrieved by the conduct may apply to the court for a statutory order of
review in relation to the conduct.
(2) The application may be made on any 1
or more of the following grounds—
(a) that a breach of the rules of natural
justice has happened, is happening, or is likely to happen, in relation to the
conduct;
(b) that procedures that are required by law to be observed in
relation to the conduct have not been, are not being, or are likely not to be,
observed;
(c) that the person proposing to make the decision does not have
jurisdiction to make the proposed decision;
(d) that the enactment under
which the decision is proposed to be made does not authorise the making of the
proposed decision;
(e) that the making of the proposed decision would be an
improper exercise of the power conferred by the enactment under which the
decision is proposed to be made;
(f) that an error of law—
(i) has been, is
being, or is likely to be, committed in the course of the conduct; or
(ii) is
likely to be committed in the making of the proposed decision;
(g) that fraud
has taken place, is taking place, or is likely to take place, in the course of
the conduct;
(h) that there is no evidence or other material to justify the
making of the proposed decision;
(i) that the making of the proposed decision
would be otherwise contrary to law.
(3) This section applies only to conduct
engaged in, or proposed to be engaged in, after the commencement of this Act.
