{"id":"F2017L01698","name":"Administrative Decisions (Judicial Review) Regulations 2017","slug":"administrative-decisions-judicial-review-regulations-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96590,"registerId":"commonwealth-F2017L01698-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Administrative Decisions (Judicial Review) Regulations 2017.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Administrative Decisions (Judicial Review) Act 1977.","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  (1) In this instrument:\n\n> Act means the Administrative Decisions (Judicial Review) Act 1977.\n\n  (2) A reference in section 6 to an Act or a provision of an Act includes a reference to instruments made under that Act or for the purposes of that provision, as the case may be.","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Decisions not subject to judicial review","content":"#### 6 Decisions not subject to judicial review\n\n  (1) For the purposes of subsection 19(1) of the Act, the following classes of decisions are declared to be decisions that are not subject to judicial review by the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Act:\n    (a) decisions under the Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986;\n    (b) decisions under the Fair Work (Registered Organisations) Act 2009 in its application by virtue of the Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986;\n    (c) decisions under the provisions of the Fair Work Act 2009, to the extent that the provisions apply to proceedings under or by virtue of the Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986;\n    (d) decisions under a law of Western Australia, in its application in the Territory of Christmas Island by virtue of the Christmas Island Act 1958, by a person employed by Western Australia;\n    (e) decisions under a law of Western Australia, in its application in the Territory of Cocos (Keeling) Islands by virtue of the Cocos (Keeling) Islands Act 1955, by a person employed by Western Australia;\n    (f) decisions under a law of New South Wales, in its application in Norfolk Island by virtue of the Norfolk Island Act 1979, by a person employed by New South Wales;\n    (g) decisions under Part 1 of Chapter 8 of the Biosecurity Act 2015 in relation to a declaration made under subsection 443(1) of that Act;\n    (h) decisions under Part 1 of Chapter 8 of the Biosecurity Act 2015 to determine a requirement, give a direction, take any action or exercise any other power during a biosecurity emergency period (within the meaning of that Act);\n    (i) decisions under Part 2 of Chapter 8 of the Biosecurity Act 2015 in relation to a declaration made under subsection 475(1) of that Act;\n    (j) decisions under Part 2 of Chapter 8 of the Biosecurity Act 2015 to determine a requirement or give a direction during a human biosecurity emergency period (within the meaning of that Act).\n  (2) A reference in paragraphs (1)(d), (e) and (f) to a person employed by a particular State includes a reference to:\n    (a) a person occupying, or acting in, an office or position under a law of that State; and\n    (b) a person employed by a body established by or under a law of that State.","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument itself declares specific classes of decisions that are not subject to judicial review; it does not state that it amends or narrows a prior instrument. Based solely on this text, there is no evidence within the instrument that it changes a previous scope."},"complexity_factors":["Direct ouster of ADJR Act review referenced to subsection 19(1) of the Act — regulation 6(1).","Extensive cross-references to other statutes (Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986; Fair Work Act 2009; Biosecurity Act 2015) creating reliance on external texts to determine scope — regulation 6(1)(a)–(c),(g)–(j).","Application of State laws in external territories requires identifying when a person is 'employed by' a State, expanded by regulation 6(2)(a)–(b) to cover office-holders and bodies established under State law — introduces factual and legal inquiry about employment status.","Temporal and contextual limits tied to emergency declarations (biosecurity emergency period; human biosecurity emergency period) mean the exclusion depends on finding a statutory declaration under the Biosecurity Act — regulation 6(1)(g)–(j).","Short text but high interpretive dependence: boundaries of excluded classes depend on how courts interpret the referenced provisions and instruments made under those Acts — regulation 5(2) & regulation 6.","Practical effect shifts contestation costs: affected applicants lose access to ADJR remedies and must use alternate statutory routes or administrative processes (implicit consequence of regulation 6(1))."],"plain_english_summary":"This regulation lists specific classes of administrative decisions that are excluded from judicial review under the Administrative Decisions (Judicial Review) Act 1977. It removes Federal Court and Federal Circuit & Family Court (Division 2) review for certain industrial decisions, specified State-law employment decisions as applied in territories, and specified biosecurity emergency powers. \n\nPeople and organisations subject to those decisions lose access to ADJR remedies; contesting those decisions must occur through whatever statutory processes remain available, increasing reliance on internal administrative mechanisms and specialist statutory review routes."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation performs exactly the function intended by its enabling Act: specifying which decisions are excluded from judicial review under section 19 of the ADJR Act. The list has grown over time (notably with biosecurity emergency provisions added in recent years), but this represents natural expansion within the original purpose rather than scope creep."},"complexity_factors":["Only 6 sections total, with minimal text","Single defined term ('Act') in the interpretation section","Straightforward list structure in section 6 – 10 specific exemptions (paragraphs (a)-(j)) with no nested conditions","One simple deeming provision in subsection 6(2) expanding the definition of 'employed by a State'","No cross-references to other regulations or complex conditional logic","Content is purely exclusionary – no operative machinery or procedural requirements"],"plain_english_summary":"This regulation specifies categories of government decisions that cannot be challenged in the Federal Court under the Administrative Decisions (Judicial Review) Act 1977. It narrows judicial review by carving out particular industrial relations decisions, certain actions by state officials on Christmas Island, Cocos (Keeling) and Norfolk Islands, and decisions made during declared biosecurity emergencies under the Biosecurity Act 2015.\n\nIt matters because it removes a route of federal judicial oversight over urgent public‑health measures, territorial administrative arrangements, and some union/industrial matters."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/administrative-decisions-judicial-review-regulations-2017","history":"/api/acts/administrative-decisions-judicial-review-regulations-2017/history","analysis":"/api/acts/administrative-decisions-judicial-review-regulations-2017/analysis","conflicts":"/api/acts/administrative-decisions-judicial-review-regulations-2017/conflicts","importantCases":"/api/acts/administrative-decisions-judicial-review-regulations-2017/important-cases","documents":"/api/acts/administrative-decisions-judicial-review-regulations-2017/documents"}}