JUDICIAL REVIEW ACT 1991 - SECT 30 Powers of the court in relation to applications for order of review

JUDICIAL REVIEW ACT 1991 - SECT 30

30 Powers of the court in relation to applications for order of review

(1) On an application for a statutory order of review in relation to a decision, the court may make all or any of the following orders—

(a) an order quashing or setting aside the decision, or a part of the decision, with effect from—

(i) the day of the making of the order; or

(ii) if the court specifies the day of effect—the day specified by the court (which may be before or after the day of the making of the order);

(b) an order referring the matter to which the decision relates to the person who made the decision for further consideration, subject to such directions (including the setting of time limits for the further consideration, and for preparatory steps in the further consideration) as the court determines;

(c) an order declaring the rights of the parties in relation to any matter to which the decision relates;

(d) an order directing any of the parties to do, or to refrain from doing, anything that the court considers necessary to do justice between the parties.

(2) On an application for a statutory order of review in relation to conduct that has been, is being, or is proposed to be, engaged in for the purpose of the making of a decision, the court may make either or both of the following orders—

(a) an order declaring the rights of the parties in relation to any matter to which the conduct relates;

(b) an order directing any of the parties to do, or to refrain from doing, anything that the court considers necessary to do justice between the parties.

(3) On an application for a statutory order of review in relation to a failure to make a decision, or in relation to a failure to make a decision within the period within which the decision was required to be made, the court may make all or any of the following orders—

(a) an order directing the making of the decision;

(b) an order declaring the rights of the parties in relation to the making of the decision;

(c) an order directing any of the parties to do, or to refrain from doing, anything that the court considers necessary to do justice between the parties.

(4) The court may, at any time, of its own motion or on the application of a party, revoke, vary, or suspend the operation of, an order made by it under this section.