Queensland Consolidated Acts

JUDICIAL REVIEW ACT 1991 - SECT 3

In this Act--

certiorari order means an order the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for section 41, have been granted by means of a writ of certiorari.

competitive commercial activity means an activity carried on, on a commercial basis, in competition with a person, other than--

(a) the Commonwealth or a State or Territory; or

(b) a State authority; or

(c) a local government authority.

corporatised corporation has the meaning given by the Local Government Act 1993, chapter 8, part 7.

court means the Supreme Court.

duty includes a duty imposed on a person in the person's capacity as a servant of the Crown.

enactment means an Act or statutory instrument, and includes a part of an Act or statutory instrument.

judge means a judge of the Supreme Court.

person includes an unincorporated body.

prerogative injunction means an injunction of the kind mentioned in section 42(2).

prerogative order means an order of a kind mentioned in section 41(2).

prohibition order means an order the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for section 41, have been granted by means of a writ of prohibition.

reasons, in relation to a decision, means--

(a) findings on material questions of fact; and

(b) a reference to the evidence or other material on which the findings were based;

as well as the reasons for the decision.

review, in part 1, division 3, includes a review by way of--

(a) reconsideration, rehearing or appeal; or

(b) the grant of an injunction or of a prerogative or statutory writ or order; or

(c) the making of a declaratory or other order.

reviewable matter means--

(a) a decision; or

(b) conduct, including conduct engaged in for the purpose of making a decision; or

(c) a failure to make a decision or to perform a duty according to law.

rules of court mean the rules of court of the Supreme Court.

service includes the Queensland Police Service.

State authority means an authority or body (whether or not incorporated) that is established by or under an enactment, but does not include a local government authority.

statutory order of review means an order on an application made--

(a) under section 20 in relation to a decision; or

(b) under section 21 in relation to conduct engaged in for the purpose of making a decision; or

(c) under section 22 in relation to a failure to make a decision.