{"id":"a-alt-1989-33","name":"ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1989","slug":"administrative-decisions-judicial-review-act-1989","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":234125,"registerId":"act-administrative-decisions-judicial-review-act-1989-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1989","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAdministrative Decisions (Judicial\nReview) Act 1989\nA1989-33\nRepublication No 41\nEffective: 16 November 2025\nRepublication date: 16 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Administrative Decisions (Judicial Review) Act 1989 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAdministrative Decisions (Judicial\nReview) Act 1989\nContents\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n3A Meaning of making and failure to make a decision 2\n3C Meaning of conduct engaged in for purpose of making decision 3\n4 Act to operate despite anything in existing laws 3\n4A Who may make an application under this Act 4\n5 Applications for review of decisions 5\n6 Applications for review of conduct related to making of decisions 7\n7 Applications for failures to make decisions 9\n8 Effect of Act on other rights 10\n9 Applications for order of review must set out grounds 11\n10 Period in which application for order of review must be made 12\n11 Application for order of review not limited to grounds in application 14\n\nContents\nPage\ncontents 2 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Application to be made a party to a proceeding 14\n13 Reasons for decision may be obtained 14\n14 Certain information not required to be disclosed 17\n15 Ministerial certificate about disclosure of information 18\n16 Stay of proceedings 19\n17 Powers of Supreme Court in relation to applications for order of review 20\n18 Change in person holding, or performing the duties of, an office 21\n19 Intervention by Minister 22\n19A Intervention by other people 22\n20 Act not to apply to certain decisions 23\n21 Regulation-making power 23\nSchedule 1 Decisions to which this Act does not apply 24\nSchedule 2 Decisions to which s 13 does not apply 28\n2.1 Administration of criminal justice 28\n2.2 Civil proceedings 28\n2.3 Decisions relating to territory finance 29\n2.4 Decisions relating to administration of the public service 30\n2.5 Certain other appointment decisions 30\n2.6 Certain decisions under the Crimes (Sentence Administration) Act 31\n2.7 Decisions of the ACAT 31\nDictionary 32\nEndnotes\n1 About the endnotes 34\n2 Abbreviation key 34\n3 Legislation history 35\n4 Amendment history 43\n5 Earlier republications 47\n\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAdministrative Decisions (Judicial\nReview) Act 1989\nAn Act relating to the review on questions of law of certain\nadministrative decisions\n\nSection 1\npage 2 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Administrative Decisions (Judicial Review) Act 1989.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘conduct engaged in for the purpose\nof making a decision—see section 3C.’ means that the term ‘conduct\nengaged in’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n3A Meaning of making and failure to make a decision\n(1) For this Act, a reference to the making of a decision includes a\nreference to—\n(a) making, suspending, revoking or refusing to make an order,\naward or determination; or\n(b) giving, suspending, revoking or refusing to give a certificate,\ndirection, approval, consent or permission; or\n(c) issuing, suspending, revoking or refusing to issue a licence,\nauthority or other instrument; or\n(d) imposing a condition or restriction; or\n\nSection 3C\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) making a declaration, demand or requirement; or\n(f) keeping, or refusing to give up, an article; or\n(g) doing or refusing to do anything else;\n(2) If provision is made by an enactment for the making of a report or\nrecommendation before a decision is made, the making of the report\nor recommendation is itself taken, for this Act, to be the making of a\ndecision.\n(3) A reference to a failure to make a decision includes a reference to a\nfailure to make—\n(a) a decision mentioned in subsection (1) (a) to (g); or\n(b) a report or recommendation mentioned in subsection (2).\nNote Fail is defined in the Legislation Act, dict, pt 1, to include refuse.\n3C Meaning of conduct engaged in for purpose of making\ndecision\nFor this Act, a reference to conduct engaged in for the purpose of\nmaking a decision includes a reference to the doing of anything\npreparatory to the making of the decision, including—\n(a) the taking of evidence; or\n(b) the holding of an inquiry or investigation.\n4 Act to operate despite anything in existing laws\nThis Act has effect despite anything contained in any enactment in\nforce at the commencement of this Act.\n\nSection 4A\npage 4 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4A Who may make an application under this Act\n(1) An eligible person may make an application under this Act, subject\nto subsections (2) and (3).\n(2) If the application relates to a category A decision, or conduct engaged\nin for the purpose of making the decision, the person may make the\napplication only if—\n(a) the person’s interests are, or would be, adversely affected by the\ndecision, failure to make the decision, or conduct engaged in for\nthe purpose of making the decision; or\n(b) if the decision is of a kind that is proposed in a report or\nrecommendation—the person’s interests are, or would be,\nadversely affected if the decision were, or were not, made in\naccordance with the report or recommendation.\n(3) If the application relates to a category B decision, or conduct engaged\nin for the purpose of making the decision, the person may make the\napplication unless—\n(a) an enactment does not allow the person to make the application;\nor\n(b) each of the following apply:\n(i) the interests of the eligible person are not adversely\naffected by the decision or conduct;\n(ii) the application fails to raise a significant issue of public\nimportance.\n(4) The Supreme Court may at any time, on application by a party, refuse\nto hear the application or dismiss the application if satisfied that the\napplicant is not an eligible person.\n\nSection 5\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:\ncategory A decision means a decision of an administrative character\nmade, proposed to be made, or required to be made (whether in the\nexercise of a discretion or not) under—\n(a) the Heritage Act 2004; or\n(b) the Planning Act 2023, other than a decision under that Act\nmentioned in schedule 1.\ncategory B decision means a decision to which this Act applies, other\nthan a category A decision.\n5 Applications for review of decisions\n(1) An eligible person may apply to the Supreme Court for an order of\nreview in relation to a decision to which this Act applies on 1 or more\nof the following grounds:\n(a) that a breach of the rules of natural justice happened in relation\nto the making of the decision;\n(b) that procedures that were required by law to be observed in\nrelation to the making of the decision were not observed;\n(c) that the person who purported to make the decision did not have\njurisdiction to make the decision;\n(d) that the decision was not authorised by the enactment under\nwhich it was purported to be made;\n(e) that the making of the decision was an improper exercise of the\npower given by the enactment under which it was purported to\nbe made;\n(f) that the decision involved an error of law, whether or not the\nerror appears on the record of the decision;\n\nSection 5\npage 6 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) that the decision was induced or affected by fraud;\n(h) that there was no evidence or other material to justify the making\nof the decision;\n(i) that the decision was otherwise contrary to law.\nNote The Human Rights Act 2004, s 40B (1) (b) makes it unlawful for a public\nauthority to fail to give proper consideration to a relevant human right\nwhen making a decision.\n(2) The reference in subsection (1) (e) to an improper exercise of a power\nincludes a reference to—\n(a) taking an irrelevant consideration into account in the exercise of\na power; and\n(b) failing to take a relevant consideration into account in the\nexercise of a power; and\n(c) an exercise of a power for a purpose other than a purpose for\nwhich the power is given; and\n(d) an exercise of a discretionary power in bad faith; and\n(e) an exercise of a personal discretionary power at the direction or\nbehest of another person; and\n(f) an exercise of a discretionary power in accordance with a rule\nor policy without regard to the merits of the particular case; and\n(g) an exercise of a power that is so unreasonable that no reasonable\nperson could have so exercised the power; and\n(h) an exercise of a power in such a way that the result of the\nexercise of the power is uncertain; and\n(i) any other exercise of a power in a way that is abuse of the power.\n\nSection 6\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The ground mentioned in subsection (1) (h) is not taken to be made\nout unless—\n(a) the person who made the decision was required by law to reach\nthat decision only if a particular matter was established, and\nthere was no evidence or other material (including facts of which\nthe person was entitled to take notice) from which the person\ncould reasonably be satisfied that the matter was established; or\n(b) the person who made the decision based the decision on the\nexistence of a particular fact, and that fact did not exist.\n6 Applications for review of conduct related to making of\ndecisions\n(1) If a person has engaged, is engaging, or proposes to engage, in\nconduct for the purpose of making a decision to which this Act\napplies, an eligible person may apply to the Supreme Court for an\norder of review in relation to the conduct on any 1 or more of the\nfollowing grounds:\n(a) that a breach of the rules of natural justice has happened, is\nhappening, or is likely to happen, in relation to the conduct;\n(b) that procedures that are required by law to be observed in\nrelation to the conduct have not been, are not being, or are likely\nnot to be, observed;\n(c) that the person who has engaged, is engaging, or proposes to\nengage, in the conduct does not have jurisdiction to make the\nproposed decision;\n(d) that the enactment under which the decision is proposed to be\nmade does not authorise the making of the proposed decision;\n(e) that the making of the proposed decision would be an improper\nexercise of the power given by the enactment under which the\ndecision is proposed to be made;\n\nSection 6\npage 8 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) that an error of law—\n(i) has been, is being, or is likely to be, committed in the\ncourse of the conduct in the making of the proposed\ndecision; or\n(ii) is likely to be committed in the making of the proposed\ndecision.\n(g) that fraud has taken place, is taking place, or is likely to take\nplace, in the course of the conduct;\n(h) that there is no evidence or other material to justify the making\nof the proposed decision;\n(i) that the making of the proposed decision would be otherwise\ncontrary to law.\n(2) The reference in subsection (1) (e) to an improper exercise of a power\nincludes a reference to—\n(a) taking an irrelevant consideration into account in the exercise of\na power; and\n(b) failing to take a relevant consideration into account in the\nexercise of a power; and\n(c) an exercise of a power for a purpose other than a purpose for\nwhich the power is given; and\n(d) an exercise of a discretionary power in bad faith; and\n(e) an exercise of a personal discretionary power at the direction or\nbehest of another person; and\n(f) an exercise of a discretionary power in accordance with a rule\nor policy without regard to the merits of the particular case; and\n(g) an exercise of a power that is so unreasonable that no reasonable\nperson could have so exercised the power; and\n\nSection 7\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(h) an exercise of a power in such a way that the result of the\nexercise of the power is uncertain; and\n(i) any other exercise of a power in a way that is abuse of the power.\n(3) The ground mentioned in subsection (1) (h) is not taken to be made\nout unless—\n(a) the person who proposes to make the decision is required by law\nto reach that decision only if a particular matter is established,\nand there is no evidence or other material (including facts of\nwhich the person was entitled to take notice) from which the\nperson can reasonably be satisfied that the matter is established;\nor\n(b) the person proposed to make the decision on the basis of the\nexistence of a particular fact, and that fact does not exist.\n7 Applications for failures to make decisions\n(1) If—\n(a) a person has a duty to make a decision to which this Act applies;\nand\n(b) there is no law that prescribes a period within which the person\nis required to make that decision; and\n(c) the person has failed to make that decision;\nan eligible person may apply to the Supreme Court for an order of\nreview in relation to the failure to make the decision on the ground\nthat there has been unreasonable delay in making the decision.\n\nSection 8\npage 10 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If—\n(a) a person has a duty to make a decision to which this Act applies;\nand\n(b) a law prescribes a period within which the person is required to\nmake that decision; and\n(c) the person has failed to make that decision before the end of that\nperiod;\nan eligible person may apply to the Supreme Court for an order of\nreview in relation to the failure to make the decision within that period\non the ground that the person has a duty to make the decision even\nthough the period has ended.\n8 Effect of Act on other rights\n(1) The rights given by section 5, section 6 and section 7 to a person to\nseek an order for review—\n(a) are additional to the rights of the person to seek a review in\nanother way; and\n(b) must be disregarded for the Ombudsman Act 1989, section 6 (6).\n(2) However—\n(a) the Supreme Court or any other court may, in a proceeding\nbrought otherwise than under this Act, refuse to grant an\napplication for review in relation to a matter if an application for\nreview of that matter has been made to the Supreme Court under\nsection 5, section 6 or section 7; and\n\nSection 9\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the Supreme Court may, in its discretion, refuse to grant an\napplication for review of a matter under section 5, section 6 or\nsection 7 if—\n(i) the applicant has sought a review by a court including the\nSupreme Court of the matter otherwise than under this Act;\nor\n(ii) adequate provision is made by a law other than this Act\nunder which the applicant is entitled to seek a review of\nthat matter; or\n(iii) the matter to which the application relates arises under the\nPlanning Act 2023 or the Heritage Act 2004 and is a matter\nbeing reviewed, or for which application has been made for\nreview, under a law other than this Act, whether on the\napplication of the person who has made application to the\nSupreme Court for review of the matter under this Act or\nanyone else.\n(3) In this section:\nreview includes—\n(a) a review by way of reconsideration, rehearing or appeal; and\n(b) the grant of an injunction; and\n(c) the making of a prerogative order, declaration or other order.\n9 Applications for order of review must set out grounds\nAn application to the Supreme Court for an order of review must set\nout the grounds of the application.\n\nSection 10\npage 12 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Period in which application for order of review must be\nmade\n(1) An application to the Supreme Court for an order of review in relation\nto a decision that has been made (including a decision made after the\nend of the period within which it was required to be made) must be\nmade within the period required by subsection (2) (or any further time\nallowed by the court) if the terms of the decision were—\n(a) recorded in writing; and\n(b) set out in a document that was given to the applicant.\nNote The court may allow further time after the end of the period required by\ns (2) (see Legislation Act, s 151C).\n(2) For subsection (1), the period within which an application for an order\nof review is required to be made is the period beginning on the day\nthe decision is made and ending 28 days after the relevant day.\n(3) An application to the Supreme Court for an order of review in relation\nto a decision made under the Biosecurity Act 2023, part 3 (Biosecurity\nemergency declarations) or part 4 (Biosecurity control declarations)\nmust be made within the period beginning on the day the decision is\nmade and ending 10 business days after the relevant day.\n(4) If there is no period prescribed for making an application for an order\nfor review in relation to a particular decision, the Supreme Court may\nrefuse to consider an application for an order for review in relation to\nthe decision if it is of the opinion that the application was not made\nwithin a reasonable time after the decision was made.\n(5) If there is no period prescribed for making an application by a\nparticular person for an order for review in relation to a particular\ndecision, the Supreme Court may refuse to consider an application by\nthe person for an order for review in relation to the decision if it is of\nthe opinion that the application was not made within a reasonable\ntime after the decision was made.\n\nSection 10\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) In forming an opinion for subsection (4) or (5), the Supreme Court—\n(a) must have regard to—\n(i) the time when the applicant became aware of the decision;\nand\n(ii) if subsection (5) applies—the period prescribed for the\nmaking of an application by anyone else for an order of\nreview in relation to the decision; and\n(b) may have regard to anything else it considers relevant.\n(7) In subsection (2):\nrelevant day means—\n(a) if the decision includes, or is accompanied by, a written\nstatement of reasons for the decision—the day a document\nsetting out the terms of the decision is given to the applicant; or\nNote For the meaning of statement of reasons, see the dict.\n(b) if paragraph (a) does not apply and a written statement of\nreasons for the decision is given to the applicant (otherwise than\nbecause of a request under section 13 (1)) not later than 28 days\nafter the day a document setting out the terms of the decision is\ngiven to the applicant—the day the statement is given to the\napplicant; or\n(c) if paragraph (a) does not apply and the applicant requests the\nperson who made the decision to give a statement under\nsection 13 (1)—\n(i) the day the statement is given to the applicant; or\n(ii) the day the applicant is told under section 13 (3) that the\napplicant was not entitled to make the request; or\n\nSection 11\npage 14 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) the day the Supreme Court makes an order under\nsection 13 (6) declaring that the applicant was not entitled\nto make the request; or\n(iv) the day the applicant is told under section 14 (3) or\nsection 15 (3) that the statement will not be given to the\napplicant.\n(d) in any other case—the day a document setting out the terms of\nthe decision is given to the applicant.\n11 Application for order of review not limited to grounds in\napplication\nThe applicant for an order of review is not limited to the grounds set\nout in the application but, if the applicant wishes to rely on a ground\nnot set out in the application, the Supreme Court may direct the\napplication be amended to state the ground.\n12 Application to be made a party to a proceeding\n(1) An eligible person may apply to the Supreme Court to be made a party\nto an application made under this Act.\n(2) The Supreme Court may, in its discretion—\n(a) grant the application either unconditionally or subject to the\nconditions that it considers appropriate; or\n(b) refuse the application.\n13 Reasons for decision may be obtained\n(1) If a person (the decision-maker) makes a decision to which this\nsection applies, a person (the requester) who is entitled to make an\napplication to the Supreme Court under section 5 in relation to the\ndecision may, in writing, request the decision-maker to provide a\nwritten statement of reasons in relation to the decision.\nNote For the meaning of statement of reasons, see the dict.\n\nSection 13\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The decision-maker must, as soon as practicable and in any event not\nlater than 28 days after the day the decision-maker receives the\nrequest (the request day), prepare the statement and give it to the\nrequester.\n(3) If the decision-maker is of the opinion that the requester was not\nentitled to make the request, the decision-maker may, not later than\n28 days after the request day—\n(a) give to the requester written notice of the decision-maker’s\nopinion; or\n(b) apply to the Supreme Court under subsection (6) for an order\ndeclaring that the requester was not entitled to make the request.\n(4) Despite subsection (2), if the decision-maker gives notice under\nsubsection (3) or applies to the Supreme Court under subsection (6),\nthe decision-maker is not required to comply with the request\nunless—\n(a) the court, on an application under subsection (6), orders the\ndecision-maker to give the statement; or\n(b) the decision-maker has applied to the court under subsection (6)\nfor an order declaring that the requester was not entitled to make\nthe request and the court refuses the application.\n(5) If subsection (4) (a) or (b) applies, the decision-maker must prepare\nthe statement and give it to the requester not later than 28 days after\nthe day of the Supreme Court’s decision.\n(6) On the application of either the decision-maker or requester under this\nsubsection, the Supreme Court may make an order declaring that the\nrequester was, or was not, entitled to make the request.\n\nSection 13\npage 16 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) Despite subsection (2), the decision-maker may refuse to prepare and\ngive the statement to the requester if—\n(a) for a decision the terms of which were recorded in writing and\nset out in a document that was given to the requester—the\nrequest was made later than 28 days after the day the document\nwas given to the requester; or\n(b) in any other case—the relevant request was not made within a\nreasonable time after the decision was made.\n(8) If subsection (7) (a) or (b) applies, the decision maker must give to\nthe requester, not later than 14 days after the request day, written\nnotice stating—\n(a) that the statement will not be given to the requester; and\n(b) the reasons why it will not be given.\n(9) For subsection (7) (b), a request for a statement in relation to a\ndecision is taken to have been made within a reasonable time after the\ndecision was made if the Supreme Court, on application by the\nrequester, declares that the request was made within a reasonable time\nafter the decision was made.\n(10) On application by the requester under this subsection, the Supreme\nCourt may order the decision-maker to give the requester, within a\nstated period, an additional statement containing better particulars in\nrelation to stated matters if the court considers that the statement\ngiven to the requester does not contain adequate particulars, in\nrelation to the decision.\n(11) A regulation may declare decisions not to be decisions to which this\nsection applies.\n(12) A regulation made under subsection (11) applies only in relation to\ndecisions made after the regulation takes effect.\n\nSection 14\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(13) In this section:\ndecision to which this section applies means a decision to which this\nAct applies, other than—\n(a) a decision to which the ACT Civil and Administrative Tribunal\nAct 2008, section 22B (Requirement to give reasons statements)\napplies; or\n(b) a decision that includes, or is accompanied by, a statement of\nreasons; or\n(c) a decision mentioned in schedule 2.\n14 Certain information not required to be disclosed\n(1) This section applies in relation to any information to which a request\nmade to a person under section 13 (1) relates if the information—\n(a) relates to the personal affairs or business affairs of a person other\nthan the person making the request; and\n(b) is information—\n(i) that was supplied in confidence; or\n(ii) the publication of which would reveal a trade secret; or\n(iii) that was provided in compliance with a duty imposed by\nan enactment; or\n(iv) the giving of which in accordance with the request would\nbe in contravention of an enactment that expressly imposes\non the person to whom the request is made a duty not to\ndivulge or communicate information of that kind—\n(A) to anyone; or\n(B) to anyone, other than a particular person; or\n(C) except in particular circumstances.\n\nSection 15\npage 18 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If a person has been requested under section 13 (1) to give a statement\nto a person—\n(a) the person to whom the request is made is not required to include\nin the statement any information in relation to which this section\napplies; and\n(b) if the statement would be false or misleading if it did not include\nthe information—the person is not required to give the\nstatement.\n(3) If, under subsection (2), information is not included in a statement\nprovided by a person or a statement is not provided by a person, the\nperson must provide written notice to the person who requested the\nstatement—\n(a) if information is not included in a statement—stating that the\ninformation is not so included and giving the reason for not\nincluding the information; or\n(b) if a statement is not provided—stating that the statement will not\nbe provided and giving the reason for not providing the\nstatement.\n(4) This section does not affect the power of the Supreme Court to make\nan order for the discovery of documents or to require the giving of\nevidence or the production of documents to the court.\n15 Ministerial certificate about disclosure of information\n(1) This section applies to information relating to a matter if the Minister\ncertifies, in writing, that the disclosure of information relating to the\nmatter would be contrary to the public interest—\n(a) because it would involve the disclosure of deliberations or a\ndecision of the Executive or of a committee of the Executive; or\n(b) for any other stated reason that could form the basis for a claim\nin a judicial proceeding that the information should not be\ndisclosed.\n\nSection 16\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If a person has been requested under section 13 to give a statement to\na person—\n(a) the person to whom the request is made is not required to include\nin the statement any information in relation to which this section\napplies; and\n(b) if the statement would be false or misleading if it did not include\nthe information—the person is not required to give the\nstatement.\n(3) If, under subsection (2), information is not included in a statement\nprovided by a person or a statement is not provided by a person, the\nperson must give a written notice to the person who requested the\nstatement—\n(a) if information is not included in a statement—stating that the\ninformation is not so included and giving the reason for not\nincluding the information; or\n(b) if a statement is not provided—stating that the statement will not\nbe provided and giving the reason for not providing the\nstatement.\n(4) This section does not affect the power of the Supreme Court to make\nan order for the discovery of documents or to require the giving of\nevidence or the production of documents to the court.\n16 Stay of proceedings\n(1) The making of an application to the Supreme Court under section 5\nin relation to a decision does not affect the operation of the decision\nor prevent the implementation of the decision, but—\n(a) the Supreme Court may, by order, on the conditions (if any) that\nthe court decides, suspend the operation of the decision; and\n(b) the Supreme Court may order, on the conditions (if any) that the\ncourt decides, a stay of all or any proceedings under the decision.\n\nSection 17\npage 20 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The Supreme Court may make an order under subsection (1) on its\nown initiative or on the application of the person who made the\napplication under section 5.\n17 Powers of Supreme Court in relation to applications for\norder of review\n(1) On an application for an order of review in relation to a decision, the\nSupreme Court may, in its discretion, make all or any of the following\norders:\n(a) an order quashing or setting aside the decision, or a part of the\ndecision, with effect from the date of the order or from the earlier\nor later date that the court specifies;\n(b) an order referring the matter to which the decision relates to the\nperson who made the decision for further consideration, subject\nto the directions that the court considers appropriate;\n(c) an order declaring the rights of the parties in relation to any\nmatter to which the decision relates;\n(d) an order directing any of the parties to do, or to refrain from\ndoing, anything to do justice between the parties.\n(2) On an application for an order of review in relation to conduct that\nhas been, is being, or is proposed to be, engaged in for the purpose of\nthe making of a decision, the Supreme Court may, in its discretion,\nmake either or both of the following orders:\n(a) an order declaring the rights of the parties in relation to any\nmatter to which the conduct relates;\n(b) an order directing any of the parties to do, or to refrain from\ndoing, anything to do justice between the parties.\n\nSection 18\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) On an application for an order of review in relation to a failure to\nmake a decision, or in relation to a failure to make a decision within\nthe period within which the decision was required to be made, the\nSupreme Court may, in its discretion, make all or any of the following\norders:\n(a) an order directing the making of the decision;\n(b) an order declaring the rights of the parties in relation to the\nmaking of the decision;\n(c) an order directing any of the parties to do, or to refrain from\ndoing, anything to do justice between the parties.\n(4) The Supreme Court may at any time, on its own initiative or on the\napplication of any party, revoke, vary, or suspend the operation of any\norder made by it under this section.\n18 Change in person holding, or performing the duties of, an\noffice\n(1) This section applies if—\n(a) a person has, in the performance of the duties of an office, made\na decision in relation to which an application may be made to\nthe Supreme Court under this Act; and\n(b) the person no longer holds, or, for whatever reason, is not\nperforming the duties of, that office.\n(2) This Act has effect as if the decision had been made by—\n(a) the person for the time being holding or performing the duties\nof that office; or\n(b) if there is no person for the time being holding or performing the\nduties of that office or that office no longer exists—the person\nthat the Minister administering the enactment under which the\ndecision was made, or a person authorised by that Minister,\nspecifies.\n\nSection 19\npage 22 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Intervention by Minister\n(1) The Minister may, on behalf of the Territory, intervene in a\nproceeding before the Supreme Court under this Act.\n(2) If the Minister intervenes in a proceeding—\n(a) the Minister is taken to be a party to the proceeding; and\n(b) the Supreme Court may, in the proceeding, make orders about\ncosts against the Territory that the court considers appropriate.\n19A Intervention by other people\n(1) The Supreme Court may, on application by a party or its own\ninitiative, give leave to a person (an intervener) to intervene in a\nproceeding under this Act.\n(2) In considering whether to give leave, the Supreme Court—\n(a) must have regard to the following:\n(i) whether the intervener’s contribution is different from the\ncontribution of the parties to the proceeding;\n(ii) whether the intervener’s contribution is likely to be useful\nto the court;\n(iii) whether the intervention will unreasonably interfere with\nthe ability of someone who has a private interest in the\nsubject matter of the application to deal with it differently\nor at all; and\n(b) may have regard to any other matter the court considers relevant.\n(3) The Supreme Court may give leave subject to conditions.\n(4) There is no right of appeal in relation to a decision of the Supreme\nCourt under this section.\n\nSection 20\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Act not to apply to certain decisions\n(1) A regulation may declare decisions to be decisions that are not subject\nto judicial review by the Supreme Court under this Act.\n(2) If a regulation is so made in relation to a decision—\n(a) section 5 does not apply in relation to that decision; and\n(b) section 6 does not apply in relation to conduct that has been, is\nbeing, or is proposed to be, engaged in for the purpose of making\nthat decision; and\n(c) section 7 does not apply in relation to a failure to make that\ndecision.\n(3) A regulation made for subsection (1) applies only in relation to\ndecisions made after the regulation take effect.\n21 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\nSchedule 1 Decisions to which this Act does not apply\npage 24 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Decisions to which this Act\ndoes not apply\n(see dict, def decision to which this Act applies)\ncolumn 1\nitem\ncolumn 2\nenactment\ncolumn 3\ndecision under enactment\n1 Building Act 2004 • a decision under section 96 (Approval of fidelity\nfund schemes)\n• a decision under section 107 (Suspension or\ncancellation of approval of approved scheme)\n2 Confiscation of\nCriminal Assets Act\n2003\n• any decision\n3 Crimes (Restorative\nJustice) Act 2004\n• any decision\n4 Crimes (Sentence\nAdministration) Act\n2005\nA decision of the director-general under any of the\nfollowing provisions:\n• section 20 (Directions to escort officers)\n• section 31 (Early release of offender)\n• section 37 (Full-time detention—return\nfrom NSW)\n• section 43 (Intensive correction order—\nalcohol and drug tests)\n• section 50 (Intensive correction orders—\ncommunity service work—alcohol and\ndrug tests)\n• section 95 (Good behaviour orders—\ncommunity service work—alcohol and\ndrug tests)\n• section 96 (Good behaviour orders—\ncommunity service work—frisk searches).\n\nDecisions to which this Act does not apply Schedule 1\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nenactment\ncolumn 3\ndecision under enactment\n5 Duties Act 1999 • a decision making or forming part of the process\nof making, or leading up to the making of, an\nassessment\n• a decision disallowing, completely or partly, an\nobjection to an assessment\n• a decision refusing to amend, completely or\npartly, an assessment\n6 Electoral Act 1992 • a decision under part 4 (Electorates)\n7 Financial Institutions\nDuty Act 1987 (which\nhas been repealed)\n• a decision making or forming part of the process\nof making, or leading up to the making, of an\nassessment\n• a decision disallowing, completely or partly, an\nobjection to an assessment\n• a decision refusing to amend, completely or\npartly, an assessment\n8 Gene Technology (GM\nCrop Moratorium)\nAct 2004\n• a decision of the Minister under section 7\n(Moratorium orders)\n• a decision of the Minister under section 8\n(Exemptions)\n9 Gungahlin Drive\nExtension Authorisation\nAct 2004 (which has\nbeen repealed)\n• any decision\n10 Health Practitioner\nRegulation National\nLaw (ACT)\n• any decision\n11 Inquiries Act 1991 • any decision\n\nSchedule 1 Decisions to which this Act does not apply\npage 26 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nenactment\ncolumn 3\ndecision under enactment\n12 Judicial Commissions\nAct 1994\n• a decision of the Executive under section 5 (1),\nsection 17 (3) or section 18\n• a decision of a member of the Legislative\nAssembly to propose a motion in accordance\nwith section 14 (4) (a) or to give notice of the\nmotion to the Attorney-General in accordance\nwith section 14 (4) (b)\n• a decision of the Attorney-General under\nsection 15 (1) or section 23 (3)\n• a decision of the judicial council\n• a decision of a judicial commission\n13 Legislation Act 2001 • a decision under chapter 5 (Regulatory impact\nstatements for subordinate laws and disallowable\ninstruments)\n14 Payroll Tax Act 2011 • a decision making or forming part of the process\nof making, or leading up to the making, of an\nassessment\n• a decision disallowing, completely or partly, an\nobjection to an assessment\n• a decision refusing to amend, completely or\npartly, an assessment\n15 Planning Act 2023 • a decision under chapter 6 (Significant\ndevelopment), chapter 7 (Development\nassessment and approvals) or chapter 10 (Leases\nand licences) in relation to a development\nproposal that is related to light rail, other than a\ndevelopment proposal involving a protected\nmatter\n16 Royal Commissions Act\n1991\n• any decision\n\nDecisions to which this Act does not apply Schedule 1\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nenactment\ncolumn 3\ndecision under enactment\n17 Stamp Duties and Taxes\nAct 1987 (which has\nbeen repealed)\n• a decision making or forming part of the process\nof making, or leading up to the making, of an\nassessment\n• a decision disallowing, completely or partly, an\nobjection to an assessment\n• a decision refusing to amend, completely or\npartly, an assessment\n18 Taxation\nAdministration Act\n1999\n• a decision making or forming part of the process\nof making, or leading up to the making, of an\nassessment\n• a decision disallowing, completely or partly, an\nobjection to an assessment\n• a decision refusing to amend, completely or\npartly, an assessment\n\nSchedule 2 Decisions to which s 13 does not apply\nSection 2.1\npage 28 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 Decisions to which s 13 does\nnot apply\n(see s 13 (13))\n2.1 Administration of criminal justice\nA decision relating to the administration of criminal justice and, in\nparticular—\n(a) a decision in relation to the investigation or prosecution of a\nperson for an offence against a law in force in the ACT; and\n(b) a decision in relation to the appointment of an investigator or\ninspector for the purposes of such an investigation; and\n(c) a decision in relation to the issue of a search warrant under a law\nin force in the ACT; and\n(d) a decision under a law in force in the ACT requiring the\nproduction of a document, the giving of information or the issue\nof a subpoena or summons to a person as a witness.\n2.2 Civil proceedings\nA decision relating to the bringing or conduct of a civil proceeding,\nincluding a decision relating to, or that may result, in the bringing of\na civil proceeding for the recovery of a financial penalty arising from\na contravention of an enactment and, in particular—\n(a) a decision in relation to the investigation of a person for such a\ncontravention; and\n(b) a decision in relation to the appointment of an investigator or\ninspector for the purposes of such an investigation; and\n\nDecisions to which s 13 does not apply Schedule 2\nSection 2.3\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a decision in relation to the issue of a search warrant under an\nenactment; and\n(d) a decision under an enactment requiring the production of a\ndocument, the giving of information or the issue of a subpoena\nor summons to a person as a witness.\n2.3 Decisions relating to territory finance\nThe following decisions:\n(a) a decision authorised by an Act to issue an amount out of the\npublic money of the Territory;\n(b) a decision of the Treasurer under the Financial Management Act\n1996—\n(i) section 7A (Temporary advance for new purpose or new\nentity); or\n(ii) section 18 (Treasurer’s advance); or\n(iii) section 18B (Treasurer’s advance—reduction of\namounts); or\n(iv) section 18E (Capital works reserve—authorising payments\nfrom reserve); or\n(v) section 18F (Capital works reserve—reducing partially\nunused payments);\n(c) a decision in relation to the enforcement of a judgment or order\nfor the recovery of an amount by—\n(i) the Territory; or\n(ii) a public servant in an official capacity;\n\nSchedule 2 Decisions to which s 13 does not apply\nSection 2.4\npage 30 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2.4 Decisions relating to administration of the public service\nA decision relating to—\n(a) personnel management (including recruitment, training,\npromotion and organisation) in relation to the public service,\nother than a decision relating to, and having regard to the\nparticular characteristics of, or other circumstances relating to,\na particular person; or\n(b) the promotion, transfer, temporary performance of duties, of or\nby an individual officer of the public service; or\n(c) the making of an appointment to the public service; or\n(d) the engagement of a person as an employee under the Public\nSector Management Act 1994; or\n(e) the prevention or settlement of an industrial dispute, or\notherwise relating to industrial matters, in relation to the public\nservice; or\n(f) the appointment, or ending of the appointment, of a\ndirector-general under the Public Sector Management Act 1994.\n2.5 Certain other appointment decisions\nA decision relating to—\n(a) the making of an appointment under an enactment or to an office\nestablished under an enactment; or\n(b) the appointment, or the ending of the appointment, of the public\nsector standards commissioner or the head of service; or\n(c) the employment, or the ending of employment, of staff under the\nLegislative Assembly (Members’ Staff) Act 1989.\n\nDecisions to which s 13 does not apply Schedule 2\nSection 2.6\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2.6 Certain decisions under the Crimes (Sentence\nAdministration) Act\nA decision by the director-general under any of the following\nprovisions of the Crimes (Sentence Administration) Act 2005:\n• section 25 (Full-time detention—director-general directions)\n• section 28 (Work and activities by full-time detainee)\n• section 46 (Intensive correction orders—community service\nwork—director-general directions)\n• section 87 (Good behaviour—director-general directions)\n• section 91 (Good behaviour orders—community service work—\ndirector-general directions)\n• section 92 (Good behaviour orders—community service work—\nfailure to report etc)\n• section 100 (Good behaviour orders—rehabilitation programs—\ndirector-general directions)\n• section 138 (Parole—director-general directions)\n• section 302 (Release on licence—director-general directions)\n• section 321 (Director-general directions—general).\n2.7 Decisions of the ACAT\nA decision of the ACAT.\n\nDictionary\npage 32 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACAT\n• business day\n• corporation\n• fail\n• head of service\n• individual\n• judge\n• Minister (see s 162)\n• public sector standards commissioner\n• public servant\n• regulation\n• Supreme Court\n• the Territory.\nconduct engaged in for the purpose of making a decision—see\nsection 3C.\ndecision, of the ACAT—see the ACT Civil and Administrative\nTribunal Act 2008, dictionary.\ndecision to which this Act applies means a decision of an\nadministrative character made, proposed to be made or required to be\nmade (whether in the exercise of a discretion or not) under an\nenactment, other than a decision mentioned in schedule 1.\nduty includes a duty imposed on a person in his or her capacity as a\npublic employee.\n\nDictionary\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\neligible person, for an application under this Act, means—\n(a) an individual; or\n(b) a corporation, if the subject matter of the application relates to a\nmatter that happens after the corporation was incorporated or\ncame into existence; or\n(c) an unincorporated organisation or association if the subject\nmatter of the application relates to a matter that—\n(i) forms part of the objects or purposes of the organisation or\nassociation; and\n(ii) happens after the organisation or association came into\nexistence.\nenactment means—\n(a) an Act or subordinate law; or\n(b) the Canberra Water Supply (Googong Dam) Act 1974 (Cwlth).\nNote A reference to an Act or subordinate law includes a reference to a\nprovision of an Act or subordinate law (see Legislation Act, s 7 and s 8).\nfailure to make a decision—see section 3A.\nmaking a decision—see section 3A.\norder of review, in relation to a decision, in relation to conduct\nengaged in for the purpose of making a decision or in relation to a\nfailure to make a decision, means an order on an application made\nunder section 5, section 6 or section 7 in relation to the decision,\nconduct or failure.\nstatement of reasons, for a decision, means a statement—\n(a) of the findings on material questions of fact; and\n(b) referring to the evidence or other material on which the findings\nwere based; and\n(c) giving the reasons for the decision.\n\nEndnotes\n1 About the endnotes\npage 34 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Administrative Decisions\n(Judicial Review) Ordinance 1989 No 33 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s\n5 on 11 May 1989 (self-government day).\nLegislation before becoming Territory enactment\nAdministrative Decisions (Judicial Review) Act 1989 A1989-33\nnotified 10 May 1989\ncommenced 11 May 1989 (s 2)\nas amended by\nLegislation after becoming Territory enactment\nRoyal Commissions and Inquiries (Consequential Provisions) Act\n1991 A1991-3 sch\nnotified 1 March 1991 (Gaz 1991 No S7)\ns 1, s 2 commenced 1 March 1991 (s 2 (1))\nsch commenced 1 May 1991 (s 2 (2) and Gaz 1991 No 16)\nAdministrative Decisions (Judicial Review) (Amendment) Act 1991\nA1991-102\nnotified 15 January 1992 (Gaz 1991 No S3)\ns 1, s 2 commenced 15 January 1992 (s 2 (1))\nremainder (ss 3-5) commenced 15 July 1992 (s 2 (3))\nElectoral Act 1992 A1992-71 s 53\nnotified 8 December 1992 (Gaz 1992 No S218)\ns 1, s 2 commenced 8 December 1992 (s 2 (1))\ns 53 commenced 21 December 1992 (s 2 (2) and Gaz 1992 No S243)\n\nEndnotes\n3 Legislation history\npage 36 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAdministrative Decisions (Judicial Review) (Amendment) Act 1993\nA1993-65\nnotified 6 September 1993 (Gaz 1993 No S172)\ncommenced 6 September 1993 (s 2)\nSupreme Court (Amendment) Act (No 2) 1993 A1993-91 sch 3\nnotified 17 December 1993 (Gaz 1993 No S258)\nsch 3 commenced 17 December 1993 (s 2)\nJudicial Commissions (Consequential Amendments) Act 1994\nA1994-10 s 4\nnotified 14 March 1994 (Gaz 1994 No S44)\ns 4 commenced 14 March 1994 (s 2)\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 3\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 3 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\nFinancial Management and Audit (Consequential and Transitional\nProvisions) Act 1996 A1996-26 sch pt 1\nnotified 1 July 1996 (Gaz 1996 No S130)\nsch pt 1 commenced 1 July 1996 (s 2)\nLand (Planning and Environment) (Amendment) Act (No 3) 1996\nA1996-85 s 88\nnotified 24 December 1996 (Gaz 1996 No S345)\ns 1, s 2 commenced 24 December 1996 (s 2 (1))\ns 88 commenced 24 June 1997 (s 2 (3))\nTobacco Licensing (Amendment) Act 1998 A1998-18 sch 1\nnotified 10 July 1998 (Gaz 1998 No S190)\ncommenced 10 July 1998 (s 2)\nTaxation Administration (Consequential and Transitional Provisions)\nAct 1999 A1999-5 sch 2\nnotified 1 March 1999 (Gaz 1999 No S8)\ns 1, s 2 commenced 1 March 1999 (s 2 (1))\nsch 2 commenced 1 March 1999 (s 2 (2))\n\nEndnotes\nLegislation history 3\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDuties (Consequential and Transitional Provisions) Act 1999 A1999-8\ns 33\nnotified 1 March 1999 (Gaz 1999 No S8)\nss 1-3 commenced 1 March 1999 (s 2 (1))\ns 33 commenced 1 March 1999 (s 2 (2) and see Duties Act 1999\nA1999-7, s 2 (2) and Gaz 1999 No S8)\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\ncommenced 10 November 1999 (s 2)\nTobacco Amendment Act 2000 A2000-16 sch 3 pt 1\nnotified 20 April 2000 (Gaz 2000 No 16)\ns 1, s 2 commenced 20 April 2000 (s 2 (1))\nsch 3 pt 1 commenced 1 July 2000 (s 2 (3))\nSubordinate Laws Amendment Act 2000 A2000-71 sch 2\nnotified 21 December 2000 (Gaz 2000 No S69)\ns 1, s 2 commenced 21 December 2000 (IA s 10B)\nsch 2 commenced 21 June 2001 (IA s 10E)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 6\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 6 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nBuilding Amendment Act 2002 A2002-15 s 14\nnotified LR 17 May 2002\ns 1, s 2 commenced 17 May 2002 (LA s 75)\ns 14 commenced 18 May 2002 (s 2)\nPlant Diseases Act 2002 A2002-42 s 44\nnotified LR 2 December 2002\ns 1, s 2 commenced 2 December 2002 (LA s 75 (1))\ns 44 commenced 2 June 2003 (s 2 and LA s 79)\nConfiscation of Criminal Assets Act 2003 A2003-8 sch 1 pt 1.1\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nsch 1 pt 1.1 commenced 15 August 2003 (s 2 and CN2003-7)\n\nEndnotes\n3 Legislation history\npage 38 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nConstruction Occupations Legislation Amendment Act 2004\nA2004-13 sch 2 pt 2.1\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.1 commenced 1 September 2004 (s 2 and see Construction\nOccupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)\nGungahlin Drive Extension Authorisation Act 2004 A2004-27 s 15\nnotified LR 26 May 2004\ns 1, s 2 commenced 26 May 2004 (LA s 75 (1))\ns 15 commenced 27 May 2004 (s 2)\nGene Technology (GM Crop Moratorium) Act 2004 A2004-40 s 40\nnotified LR 9 July 2004\ns 1, s 2 commenced 9 July 2004 (LA s 75 (1))\ns 40 commenced 10 July 2004 (s 2)\nHeritage Act 2004 A2004-57 sch 1 pt 1.2\nnotified LR 9 September 2004\ns 1, s 2 commenced 9 September 2004 (LA s 75 (1))\nsch 1 pt 1.2 commenced 9 March 2005 (s 2 and LA s 79)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.3\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.3 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nCrimes (Restorative Justice) Act 2004 A2004-65 s 76\nnotified LR 6 September 2004\ns 1, s 2 commenced 6 September 2004 (LA s 75 (1))\ns 76 commenced 31 January 2005 (s 2 and CN2004-28)\nStatute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.1\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 3 pt 3.1 commenced 11 January 2006 (s 2 (1))\n\nEndnotes\nLegislation history 3\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.1\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.1 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.3\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.3 commenced 29 September 2006 (s 2 (1))\nWater Resources Act 2007 A2007-19 s 208\nnotified LR 20 June 2007\ns 1, s 2 commenced 20 June 2007 (LA s 75 (1))\ns 208 commenced 1 August 2007 (s 2 and CN2007-8)\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.2\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.2 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.2\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.2 commenced 2 February 2009 (s 2 and see ACT Civil and\nAdministrative Tribunal Act 2008 A2008-35, s 2 and CN2009-2)\nDevelopment Application (Block 20 Section 23 Hume) Assessment\nFacilitation Act 2008 A2008-52 s 12\nnotified LR 16 December 2008\ns 1, s 2 commenced 16 December 2008 (LA s 75 (1))\ns 12 commenced 17 December 2008 (s 2)\n\nEndnotes\n3 Legislation history\npage 40 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.1\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.1 commenced 1 July 2010 (s 2 (1) (a))\nPayroll Tax Act 2011 A2011-18 sch 4 pt 4.1\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 4 pt 4.1 commenced 1 July 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.4\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 July 2011 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2012\nA2012-13 sch 1 pt 1.2\nnotified LR 11 April 2012\ns 1, s 2 commenced 11 April 2012 (LA s 75 (1))\nsch 1 pt 1.2 commenced 12 April 2012 (s 2 (1))\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.1\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.1 commenced 14 June 2013 (s 2)\nAdministrative Decisions (Judicial Review) Amendment Act 2013\nA2013-37\nnotified LR 25 September 2013\ns 1, s 2 commenced 25 September 2013 (LA s 75 (1))\nremainder commenced 26 September 2013 (s 2)\nPlanning and Development (Symonston Mental Health Facility)\nAmendment Act 2014 A2014-26 sch 1 pt 1.1\nnotified LR 12 June 2014\ns 1, s 2 commenced 12 June 2014 (LA s 75 (1))\nsch 1 pt 1.1 commenced 13 June 2014 (s 2)\n\nEndnotes\nLegislation history 3\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJudicial Commissions Amendment Act 2015 A2015-1 sch 1 pt 1.1\n(as am by A2015-52 s 28)\nnotified LR 25 February 2015\ns 1, s 2 commenced 25 February 2015 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 February 2017 (s 2 (as am by A2015-52 s 28))\nPlanning and Development (Capital Metro) Legislation Amendment\nAct 2015 A2015-2 pt 2\nnotified LR 25 February 2015\ns 1, s 2 commenced 25 February 2015 (LA s 75 (1))\ns 5 commenced 2 April 2015 (s 2 (1) and see Planning and\nDevelopment (Bilateral Agreement) Amendment Act 2014 A2014-41,\ns 2 and LA s 79)\npt 2 remainder commenced 2 April 2015 (s 2 (2) and CN2015-2)\nFinancial Management Amendment Act 2015 A2015-34 sch 1 pt 1.1\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.1 amdt 1.2 commenced 1 July 2016 (s 2 (1))\nsch 1 pt 1.1 remainder commenced 1 October 2015 (s 2 (2))\nCourts Legislation Amendment Act 2015 (No 2) A2015-52 pt 10\nnotified LR 26 November 2015\ns 1, s 2 commenced 26 November 2015 (LA s 75 (1))\npt 10 (s 28) commenced 10 December 2015 (s 2 (2))\nNote Pt 10 (s 28) only amends the Judicial Commissions\nAmendment Act 2015 A2015-1\nCrimes (Sentencing and Restorative Justice) Amendment Act 2016\nA2016-4 sch 1 pt 1.1\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\nsch 1 pt 1.1 commenced 2 March 2016 (s 2 (1))\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.4\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 September 2016 (s 2)\n\nEndnotes\n3 Legislation history\npage 42 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFinancial Management Amendment Act 2019 A2019-8 s 9\nnotified LR 11 April 2019\ns 1, s 2 commenced 11 April 2019 (LA s 75 (1))\ns 9 commenced 12 April 2019 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.2\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.2 commenced 27 November 2023 (s 2 (1) and see Planning\nAct 2023 A2023-18, s 2 (2) and CN2023-10)\nBiosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.1,\nsch 3 pt 3.1\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nsch 2 pt 2.1, sch 3 pt 3.1 commenced 15 May 2025 (s 2 and see\nBiosecurity Act 2023 A2023-50, s 2 (2))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.2\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.2 commenced 16 November 2025 (s 2 (1))\n\nEndnotes\nAmendment history 4\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nDictionary\ns 2 om A2001-44 amdt 1.42\nins A2005-62 amdt 3.5\nam A2013-37 s 4\nNotes\ns 3 am A1991-102 s 4; A1993-65 s 4; A1996-85 s 88; A2001-44\namdts 1.43-1.45\ndefs reloc to dict A2005-62 amdt 3.4\nsub A2005-62 amdt 3.5\ndef failure om A2005-62 amdt 3.2\ndef judge om A2005-62 amdt 3.2\ndef rules of court am A1993-91 sch 3\nom A2004-60 amdt 1.7\nMeaning of making and failure to make a decision\ns 3A ins A2005-62 amdt 3.6\nMeaning of person aggrieved\ns 3B ins A2005-62 amdt 3.6\nom A2013-37 s 5\nMeaning of conduct engaged in for purpose of making decision\ns 3C ins A2005-62 amdt 3.6\nAct to operate despite anything in existing laws\ns 4 am A2005-62 amdt 3.7\nWho may make an application under this Act\ns 4A ins A2013-37 s 6\nam A2023-36 amdt 1.5\nApplications for review of decisions\ns 5 am A2005-62 amdts 3.8-3.15; A2012-13 amdt 1.12; A2013-37\ns 7\nApplications for review of conduct related to making of decisions\ns 6 am A2005-62 amdts 3.16-3.23; A2013-37 s 8\nApplications for failures to make decisions\ns 7 hdg sub A2005-62 amdt 3.24\ns 7 am A2005-62 amdts 3.25-3.30; A2013-37 s 9, s 10\n\nEndnotes\n4 Amendment history\npage 44 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEffect of Act on other rights\ns 8 orig s 8 om A2005-62 amdt 3.31\n(prev s 9) am A1991-102 s 5; A1993-65 s 5; A1999-66 sch 3;\nA2004-57 amdt 1.3; A2005-62 amdts 3.32-3.34\nrenum A2005-62 amdt 3.35\nam A2006-40 amdt 2.47; A2007-25 amdt 1.11, amdt 1.12\n(4)-(6) exp 30 September 2008 (s 8 (6) (LA s 88 declaration\napplies))\nam A2023-36 amdt 1.5\nApplications for order of review must set out grounds\ns 9 hdg (prev s 10 hdg) sub A2005-62 amdt 3.36\ns 9 orig s 9 renum as s 8\n(prev s 10 hdg) am A2004-60 amdt 1.8; ss and pars renum\nR13 LA (see A2004-60 amdt 1.9); A2005-62 amdt 3.37,\namdt 3.38\nrenum A2005-62 amdt 3.39\nPeriod in which application for order of review must be made\ns 10 orig s 10 renum as s 9\nins A2005-62 amdt 3.40; A2013-19 amdt 3.1\nam A2024-11 amdt 2.1; ss renum R40 LA\nApplication for order of review not limited to grounds in application\ns 11 sub A2005-62 amdt 3.40\nApplication to be made a party to a proceeding\ns 12 am A2013-37 s 11\nReasons for decision may be obtained\ns 13 am A2005-62 amdt 3.41, amdt 3.42, amdt 3.44, amdt 3.45,\namdt 3.47; ss renum A2005-62 amdt 3.43, amdt 3.46;\nA2008-36 amdt 1.13; A2025-29 amdt 3.2\nCertain information not required to be disclosed\ns 14 am A2005-62 amdts 3.48-3.51\nMinisterial certificate about disclosure of information\ns 15 hdg sub A2005-62 amdt 3.52\ns 15 am A2005-62 amdts 3.53-3.55; ss renum A2005-62 amdt 3.56\nStay of proceedings\ns 16 am A1999-66 sch 3; A2005-62 amdt 3.57, amdt 3.58\nPowers of Supreme Court in relation to applications for order of review\ns 17 hdg sub A2005-62 amdt 3.59\ns 17 am A2005-62 amdt 3.60-3.62\nChange in person holding, or performing the duties of, an office\ns 18 am A2005-62 amdt 3.63; ss renum R17 LA\n\nEndnotes\nAmendment history 4\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nIntervention by Minister\ns 19 sub A2005-62 amdt 3.64\nIntervention by other people\ns 19A ins A2013-37 s 12\nAct not to apply to certain decisions\ns 20 am A2005-62 amdt 3.65; ss renum A2005-62 amdt 3.66\nRegulation-making power\ns 21 sub A2001-44 amdt 1.46\nTransitional—sch 1, clause 5\ns 22 ins A2004-13 amdt 2.1\nexp 1 July 2005 (s 22 (2))\nDecisions to which this Act does not apply\nsch 1 am A1991-3 sch; A1992-71 s 53; A1994-10 s 4; A1998-18\nsch 1; A1999-5 sch 2; A1999-8 s 33; A2000-16 sch 3 pt 1;\nA2001-44 amdt 1.47; A2002-15 s 14; A2002-42, s 44;\nA2003-8 amdt 1.1; A2004-13 amdt 2.2; A2004-27 s 15;\nA2004-40 s 40; A2004-65 s 76\nsub A2005-62 amdt 3.67\nam A2006-23 amdt 1.1; items renum A2006-23 amdt 1.2;\nA2007-19 s 208; A2008-52 s 12; items renum R23 LA;\nA2010-10 amdt 2.1; items renum R25 LA; A2011-18\namdt 4.1; A2011-22 amdt 1.18; A2014-26 amdt 1.1; A2015-2\ns 4, s 5; A2016-4 amdt 1.1; A2015-1 amdt 1.1; A2023-36\namdt 1.6; items renum R39 LA; A2024-11 amdt 2.2,\namdts 3.1-3.3; items renum R40 LA\nDecisions to which s 13 does not apply\nsch 2 am A1994-38 sch 1 pt 3; A1996-26 sch\nsub A2005-62 amdt 3.68\nam A2006-23 amdt 1.3; A2008-36 amdt 1.14; A2011-22\namdt 1.19, amdt 1.20; A2015-34 amdt 1.1; A2016-4\namdt 1.2, amdt 1.3; A2015-34 amdt 1.2; pars renum R35 LA;\nA2016-52 amdt 1.10; A2019-8 s 9; A2024-11 amdt 3.4\nDictionary\ndict ins A2005-62 amdt 3.69\nam A2008-36 amdt 1.15; A2013-37 s 13; A2016-52 amdt 1.11;\nA2024-11 amdt 2.3\ndef conduct engaged in ins A2005-62 amdt 3.69\ndef decision ins A2008-36 amdt 1.16\ndef decision to which this Act applies reloc from s 3\nA2005-62 amdt 3.4\ndef duty am A1994-38 sch 1 pt 3\nreloc from s 3 A2005-62 amdt 3.4\n\nEndnotes\n4 Amendment history\npage 46 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef eligible person ins A2013-37 s 14\ndef enactment am A1999-66 sch 3\nsub A2005-62 amdt 3.1\nreloc from s 3 A2005-62 amdt 3.4\ndef failure to make ins A2005-62 amdt 3.69\ndef making ins A2005-62 amdt 3.69\ndef order of review am A2005-62 amdt 3.3\nreloc from s 3 A2005-62 amdt 3.4\ndef person aggrieved ins A2005-62 amdt 3.69\nom A2013-37 s 15\ndef statement of reasons ins A2005-62 amdt 3.69\n\nEndnotes\nEarlier republications 5\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1 (RI)\n19 Dec 2019\n15 July 1992–\n20 Dec 1992\nA1991-102 initial republication\nsince\nself-government\nreissue of printed\nversion\nR1A\n19 Dec 2019\n21 Dec 1992–\n5 Sept 1993\nA1992-71 amendments by\nA1992-71\nR1B\n19 Dec 2019\n6 Sept 1993–\n16 Dec 1993\nA1993-65 amendments by\nA1993-65\nR2 (RI)\n19 Dec 2019\n17 Dec 1993–\n13 Mar 1994\nA1993-91 amendments by\nA1993-91\nreissue of printed\nversion\nR2A\n19 Dec 2019\n14 Mar 1994–\n30 June 1994\nA1994-10 amendments by\nA1994-10\nR3 (RI)\n19 Dec 2019\n1 July 1994–\n30 June 1996\nA1994-38 amendments by\nA1994-38\nreissue of printed\nversion\nR4 (RI)\n19 Dec 2019\n30 Nov 1996–\n23 June 1997\nA1996-26 amendments by\nA1996-26\nreissue of printed\nversion\n\nEndnotes\n5 Earlier republications\npage 48 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR5 (RI)\n19 Dec 2019\n1 Mar 1999–\n9 Nov 1999\nA1999-8 amendments by\nA1996-85,\nA1998-18, A1999-5\nand A1999-8\nreissue of printed\nversion\nR5A\n19 Dec 2019\n10 Nov 1999–\n30 June 2000\nA1999-66 amendments by\nA1999-66\nR5B\n19 Dec 2019\n1 July 2000–\n20 June 2001\nA2000-16 amendments by\nA2000-16\nR6\n12 Sept 2001\n12 Sept 2001–\n17 May 2002\nA2001-44 amendments by\nA2000-71 and\nA2001-44\nR7\n20 May 2002\n18 May 2002–\n1 June 2003\nA2002-15 amendments by\nA2002-15\nR8\n2 June 2003\n2 June 2003–\n14 Aug 2003\nA2003-8 amendments by\nA2002-42\nR9\n15 Aug 2003\n15 Aug 2003–\n26 May 2004\nA2003-8 amendments by\nA2003-8\nR10\n27 May 2004\n27 May 2004–\n9 July 2004\nA2004-27 amendments by\nA2004-27\nR11\n10 July 2004\n10 July 2004–\n31 Aug 2004\nA2004-40 amendments by\nA2004-40\nR12\n1 Sept 2004\n1 Sept 2004–\n9 Jan 2005\nA2004-40 amendments by\nA2004-13\nR13\n10 Jan 2005\n10 Jan 2005–\n30 Jan 2005\nA2004-65 amendments by\nA2004-60\nR14\n31 Jan 2005\n31 Jan 2005–\n8 Mar 2005\nA2004-65 amendments by\nA2004-65\nR15\n9 Mar 2005\n9 Mar 2005–\n1 July 2005\nA2004-65 amendments by\nA2004-57\nR16\n2 July 2005\n2 July 2005–\n10 Jan 2006\nA2004-65 commenced expiry\nR17*\n11 Jan 2006\n11 Jan 2006–\n1 June 2006\nA2005-62 amendments by\nA2005-62\n\nEndnotes\nEarlier republications 5\nR41\n16/11/25\nAdministrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR18\n2 June 2006\n2 June 2006–\n28 Sept 2006\nA2006-23 amendments by\nA2006-23\nR19\n29 Sept 2006\n29 Sept 2006–\n31 July 2007\nA2006-40 amendments by\nA2006-40\nR20\n1 Aug 2007\n1 Aug 2007–\n30 Mar 2008\nA2007-19 amendments by\nA2007-19\nR21\n31 Mar 2008\n31 Mar 2008–\n30 Sept 2008\nA2007-25 amendments by\nA2007-25\nR22\n1 Oct 2008\n1 Oct 2008–\n16 Dec 2008\nA2008-36 commenced expiry\nR23\n17 Dec 2008\n17 Dec 2008–\n1 Feb 2009\nA2008-52 amendments by\nA2008-52\nR24\n2 Feb 2009\n2 Feb 2009–\n30 June 2010\nA2008-52 amendments by\nA2008-36\nR25*\n1 July 2010\n1 July 2010–\n30 June 2011\nA2010-10 amendments by\nA2010-10\nR26\n1 July 2011\n1 July 2011–\n11 Apr 2012\nA2011-22 amendments by\nA2011-18 and\nA2011-22\nR27\n12 Apr 2012\n12 Apr 2012–\n13 June 2013\nA2012-13 amendments by\nA2012-13\nR28\n14 June 2013\n14 June 2013–\n25 Sept 2013\nA2013-19 amendments by\nA2013-19\nR29\n26 Sept 2013\n26 Sept 2013–\n12 June 2014\nA2013-37 amendments by\nA2013-37\nR30\n13 June 2014\n13 June 2014–\n1 Apr 2015\nA2014-26 amendments by\nA2014-26\nR31\n2 Apr 2015\n2 Apr 2015–\n30 Sept 2015\nA2015-2 amendments by\nA2015-2\nR32\n1 Oct 2015\n1 Oct 2015–\n9 Dec 2015\nA2015-34 amendments by\nA2015-34\nR33\n10 Dec 2015\n10 Dec 2015–\n1 Mar 2016\nA2015-34 updated endnotes\nas amended by\nA2015-52\n\nEndnotes\n5 Earlier republications\npage 50 Administrative Decisions (Judicial Review) Act 1989\nEffective: 16/11/25\nR41\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR34\n2 Mar 2016\n2 Mar 2016–\n30 June 2016\nA2016-4 amendments by\nA2016-4\nR35\n1 July 2016\n1 July 2016–\n31 Aug 2016\nA2016-4 amendments by\nA2015-34\nR36\n1 Sept 2016\n1 Sept 2016–\n31 Jan 2017\nA2016-52 amendments by\nA2016-52\nR37\n1 Feb 2017\n1 Feb 2017–\n11 Apr 2019\nA2016-52 amendments by\nA2015-1 as\namended by\nA2015-52\nR38\n12 Apr 2019\n12 Apr 2019–\n26 Nov 2023\nA2019-8 amendments by\nA2019-8\nR39\n27 Nov 2023\n27 Nov 2023–\n14 May 2025\nA2023-36 amendments by\nA2023-36\nR40\n15 May 2025\n15 May 2025–\n15 Nov 2025\nA2024-11 amendments by\nA2024-11\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original purpose was to create a simple, statutory pathway for judicial review of a broad range of administrative decisions of an administrative character made under enactments. The scope has narrowed considerably through the progressive expansion of Schedule 1 (now excluding decisions under taxation, criminal assets, health practitioner, planning/light rail, ACAT and multiple other regimes) and Schedule 2 (removing the right to reasons for criminal justice, civil proceedings, public finance, public service personnel and ACAT decisions). Introduction of category A/B standing distinctions, biosecurity-specific timelines, expanded intervention rights and explicit human-rights considerations have shifted the Act from a general review mechanism to one with layered exclusions, differentiated access tests and tighter procedural controls."},"complexity_factors":["Extensive elaboration of core concepts in ss 3A and 3C, including 7 categories of 'making a decision' plus reports/recommendations and preparatory conduct","9 separate grounds of review in s 5(1) and parallel s 6(1), each with multi-part elaboration of 'improper exercise of power' in 9 sub-paragraphs","Differentiated standing tests for category A versus category B decisions in s 4A, including public importance thresholds and court power to dismiss","Two large schedules excluding decisions from the Act entirely (Schedule 1, 18 items covering multiple Acts) or from the duty to give reasons (Schedule 2, 7 categories with detailed sub-items)","Specific procedural overlays including 28-day time limit with 4 variations of 'relevant day' in s 10, a shortened 10-business-day limit for biosecurity decisions, and rules on amending grounds (s 11)","Multiple cross-references to other statutes (Heritage Act 2004, Planning Act 2023, Crimes (Sentence Administration) Act 2005, ACAT Act, Human Rights Act 2004, etc.)","Detailed provisions on ministerial and third-party intervention (ss 19, 19A), non-disclosure certificates (ss 14-15), and court powers to stay, vary or revoke orders (ss 16-17)"],"plain_english_summary":"**This law gives people a clear process to challenge certain ACT government decisions in the Supreme Court.**\n\nIt applies to decisions made by government officials under ACT laws (called 'enactments'). If a decision affects you unfairly, breaks the rules of fair process (natural justice), ignores required steps, lacks proper legal power, or is unreasonable, you can ask the court to review it.\n\nThe Act covers three situations: an actual decision already made (section 5), steps being taken before a decision is finalised (section 6), or when the government has delayed making a required decision (section 7). Eligible people include individuals, companies, and community groups whose interests are impacted.\n\nThere are two tiers: 'category A' decisions (mainly heritage and most planning matters) have stricter rules for who can challenge them, while 'category B' covers most other decisions. The court can order the decision be cancelled, sent back for reconsideration, or declare what the legal rights are.\n\nLong lists in the schedules remove many decisions from this review process, including most tax assessments, criminal justice matters, public service appointments, and ACAT tribunal rulings. The law also lets people request written reasons for decisions (section 13) and protects some confidential information from being disclosed.\n\nIt matters because it makes government officials follow the law and act fairly, giving ordinary people an accessible way to hold them accountable without needing more complex court actions."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been narrowed and refined by later amendments and schedules. The republished text shows multiple targeted exclusions (Schedule 1), creation of a two‑tier standing test for Planning Act 2023 and Heritage Act 2004 decisions (s4A), time‑limit additions for biosecurity decisions (s10(3)), and a set of categories to which the reasons‑statement duty does not apply (Schedule 2). The Executive retains power to add further exclusions by regulation (s20). These changes alter who can seek review, which decision types are reviewable, and when applications must be lodged (s4A; s10; sch 1; sch 2; s20)."},"complexity_factors":["Multiple overlapping grounds and procedural paths for review (decisions, conduct preparatory to decisions, and failures to decide) (ss5–7).","Detailed standing rules, including a two‑tier model (category A v category B) for particular Acts (s4A).","Time limits with special‑case shorter limits (standard 28 days; 10 business days for biosecurity) and court discretion to extend or reject late applications (s10).","Obligations to produce written reasons with statutory exceptions and a ministerial public‑interest certificate power (ss13–15; sch 2).","A long list of excluded decision types in Schedule 1 and a regulation‑making power to add exclusions (sch 1; s20).","Wide judicial discretion over remedies, stays, intervention and party joinder, increasing case‑by‑case variability (ss16–19A, 17).","Cross‑references to multiple external Acts and historical amendments require tracking of current law (dict, endnotes, amendment history).","Procedural interactions with other review routes (courts, tribunals, Ombudsman) and rules allowing courts to decline review where other adequate processes exist (s8)."],"plain_english_summary":"### What this law does, who it affects, and why it matters\n\n- This Act creates a statutory route for people and organisations to ask the ACT Supreme Court to review administrative decisions on questions of law. The Court reviews the legality of decisions (for example, jurisdiction, errors of law, breach of natural justice), the conduct undertaken to make proposed decisions, and unreasonable delays in making decisions (see ss 5–7). (s5, s6, s7)\n\n- Who can apply: an \"eligible person\" may apply (individuals, corporations, or organisations in certain circumstances). Applications about Planning Act 2023 or Heritage Act 2004 decisions are subject to a tighter standing test: the applicant must show their interests are or would be adversely affected, except where other statutory bars apply. Other categories of decisions are subject to a more permissive standing test unless excluded by law (s4A). (s4A)\n\n- Time limits and procedure: generally an application for review must be filed within 28 days after the decision is made or after the decision‑maker gives a written statement of reasons; there is a reduced 10 business‑day limit for certain biosecurity emergency decisions (s10). Applicants must set out grounds in their application but may later rely on additional grounds with the Court’s leave (ss 9–11). (s9, s10, s11)\n\n- Remedies and judicial discretion: the Supreme Court has broad discretionary remedies: quash or set aside decisions, remit matters for reconsideration with directions, declare rights, or order parties to act or refrain from acting to do justice. For failures to decide, the Court may order the decision be made (s17). The Court can stay operations or implementation of a decision on conditions (s16). (s16, s17)\n\n- Access to reasons and limits on disclosure: a person entitled to seek review may request a written statement of reasons; the decision‑maker must provide it as soon as practicable and within 28 days, subject to statutory exclusions and exceptions. The Act creates specified grounds for withholding information from a reasons statement (personal/business affairs, trade secrets, statutory duties of confidence) and allows the Minister to certify that disclosure would be contrary to the public interest (ss 13–15). Schedule 2 lists decision types to which the reasons‑statement duty does not apply. (s13, s14, s15; sch 2)\n\n- Exclusions and regulatory carve‑outs: the Act does not apply to many specific decision types listed in Schedule 1 (for example, certain taxation assessments, tribunal decisions, prosecutorial and many public‑service personnel decisions). The Executive may also make regulations declaring additional decision types not subject to review under this Act (s20; sch 1). (sch 1, s20)\n\n- Intervention and costs: the Minister may intervene on behalf of the Territory and, if the Minister intervenes, the Court may make costs orders against the Territory. The Court may also permit other interveners subject to conditions (ss 19–19A). (s19, s19A)\n\nMechanics, incentives and trade‑offs (source‑grounded observations)\n\n- Transparency incentive and compliance cost for administrators: decision‑makers must produce statements of reasons on request within 28 days (s13(2)). That creates a direct administrative task and record‑making obligation. The Act offers rules for refusal and formal paths for the decision‑maker to seek a court declaration that a requester is not entitled to a statement (s13(3)–(6)). (s13)\n\n- Limits on disclosure and centralised discretion: the Act permits withholding of particular information classes (personal/business affairs, trade secrets, statutory secrecy duties) from reasons statements (s14). It also allows a Ministerial certificate to bar disclosure for public‑interest reasons (s15). These provisions reduce the transparency incentive in specified cases and concentrate final withholding discretion in the Executive and the Court. (s14, s15)\n\n- Standing and concentrated litigation risk: for Planning Act 2023 and Heritage Act 2004 matters the Act narrows who can apply (s4A). Schedule 1 and the regulation‑making power (s20) also remove reviewability for many specific decision types. Those exclusions change who bears the benefit of review rights (applicants) and who bears the risk of legal challenge (decision‑makers). (s4A, sch 1, s20)\n\n- Speed and litigation pressure: the 28‑day limit (and 10 business‑day biosecurity limit) pressures applicants to move quickly (s10). That reduces time for pre‑litigation negotiation but provides legal certainty about challenge windows. The Court may extend time, or refuse stale applications as unreasonable (s10(4)–(6)). (s10)\n\n- Judicial control over remedies and process: the Supreme Court has broad discretion to craft remedies, refuse to grant review where other adequate review mechanisms exist, limit parties, and impose conditions on interveners (ss 8(2), 12, 17, 19A). This centralised judicial discretion allocates final outcome control to the Court rather than to administrative bodies. (s8(2), s12, s17, s19A)\n\nPractical compliance steps and implementation risks\n\n- Decision‑makers should have procedures to prepare concise reasons within statutory timeframes and to identify exempt information early (s13(2); s14). They will need a process to obtain a Ministerial certificate if deemed necessary (s15). (s13, s14, s15)\n\n- Applicants must monitor decision notifications and written reasons to preserve their 28‑day (or 10 business‑day) time window and be prepared to show eligibility under s4A where category A decisions (Planning/Heritage) are involved. (s10, s4A)\n\n- The Executive’s regulation power to exclude decisions (s20) and the detailed lists of current exclusions (Schedule 1 and Schedule 2) mean the practical scope of review can shift over time; practitioners must check the current schedules and any regulations when advising clients. (s20, sch 1, sch 2)\n\nNet effect in mechanical terms\n\n- The Act sets out: who may challenge an administrative decision or related conduct, on what legal grounds, within what time limits; the decision‑maker’s duty to give reasons (and the allowed exceptions); the Court’s remedial toolkit; and routes for intervention and exclusion. The Act therefore creates a structured, court‑based mechanism for review of administrative legality, while also building in specified limits and exceptions (ss 4–20; schs 1–2). (s4–s20; sch 1; sch 2)"}},"importantCases":[],"_links":{"self":"/api/acts/administrative-decisions-judicial-review-act-1989","history":"/api/acts/administrative-decisions-judicial-review-act-1989/history","analysis":"/api/acts/administrative-decisions-judicial-review-act-1989/analysis","conflicts":"/api/acts/administrative-decisions-judicial-review-act-1989/conflicts","importantCases":"/api/acts/administrative-decisions-judicial-review-act-1989/important-cases","documents":"/api/acts/administrative-decisions-judicial-review-act-1989/documents"}}