1Administrative Law Act 1978

Version No. 054 **Administrative Law Act 1978** **No. 9234 of 1978** Version incorporating amendments as at 15 October 2014 **table of provisions** *Section Page* 1 Short title and commencement 1 2 Definitions 1 3 Tribunal decisions may be reviewed 2 4 Procedure for review 2 5 As to orders for review 4 6 Power to impose terms on granting an order for review 4 7 Powers of Court 4 8 Reasons for decision to be furnished by tribunal on request by party concerned 5 9 Interim relief 6 10 Reasons to be part of record 6 11 As to who may seek prerogative writ declaration or injunction 7 12 Provisions excluding jurisdiction by Court not to prevail 7 13 Exemption of Ministerial Council 8 14 *Repealed* 8 15 Supreme Court—Limitation of jurisdiction 8 ENDnotes 10 1. General Information 10 2. Table of Amendments 11 3. Explanatory Details 14 **Version No.** **054** **Administrative Law Act 1978** **No. 9234 of 1978** Version incorporating amendments as at 15 October 2014 An Act to make Provision with respect to the Review of certain Decisions made by certain Administrative Tribunals, and for other purposes. **BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):** 1 Short title and commencement (1) This Act may be cited as the **Administrative Law Act 1978**. (2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. 2 Definitions In this Act unless the context or subject-matter otherwise requires— ***decision*** means a decision operating in law to determine a question affecting the rights of any person or to grant, deny, terminate, suspend or alter a privilege or licence and includes a refusal or failure to perform a duty or to exercise a power to make such a decision; ***person affected*** in relation to a decision, means a person whether or not a party to proceedings, whose interest (being an interest that is greater than the interest of other members of the public) is or will or may be affected, directly or indirectly, to a substantial degree by a decision which has been made or is to be made or ought to have been made by the tribunal; S. 2 def. of *tribunal* substituted by No. 67/2014 s. 147(Sch. 2 item 1). ***tribunal*** means a person or body of persons who, in arriving at the decision in question, is or are by law required, whether by express direction or not, to act in a judicial manner to the extent of observing one or more of the rules of natural justice, but does not include— (a) a court of law or a tribunal constituted or presided over by a Judge of the Supreme Court; or (b) a Royal Commission, Board of Inquiry or Formal Review within the meaning of the **Inquiries Act 2014**. S. 3 amended by No. 110/1986 s. 140(2) (Sch.). 3 Tribunal decisions may be reviewed s. 3 Any person affected by a decision of a tribunal may make application (hereinafter called an application for review) to the Supreme Court for an order calling on the tribunal or the members thereof (hereinafter called an order for review) and also any party interested in maintaining the decision to show cause why the same should not be reviewed. 4 Procedure for review (1) An application for review shall be made ex parte not later than thirty days after the giving of notification of the decision or the reasons therefor (whichever is the later) supported by evidence on affidavit showing a prima facie case for relief under section 7. S. 4(2) amended by No. 110/1986 s. 140(2) (Sch.). (2) The Court, notwithstanding that a prima facie case for relief is disclosed, may refuse any such application if satisfied that no matter of substantial importance is involved or that in all the circumstances such refusal will impose no substantial injustice upon the applicant. S. 4(3) amended by Nos 10097 s. 174(8)(a), 110/1986 s. 140(2) (Sch.), 4/1989 s. 8(1)(a), 41/1995 s. 62(Sch. 1 item 1) (as amended by No. 84/1997 s. 11), substituted by No. 52/1998 s. 311(Sch. 1 item 2.1), amended by Nos 30/2003 s. 81(1), 21/2012 s. 239(Sch. 6 item 2). (3) If an application for review relates to a proceeding in the Victorian Civil and Administrative Tribunal under Chapter 7 of the **Australian Consumer Law and Fair Trading Act 2012** in relation to a small claim or under a credit enactment within the meaning of clause 2 of Schedule 1 to the **Victorian Civil and Administrative Tribunal Act 1998**, the Court must refuse the application unless it is satisfied that the applicant has made out a prima facie case for relief under section 7 on the ground that— (a) the Tribunal had or has no jurisdiction in relation to the matter; or s. 4 (b) there has been a denial of natural justice to a party in the proceeding before the Tribunal. S. 4(4) inserted by No. 9514 s. 159, amended by No. 110/1986 s. 140(2) (Sch.), substituted by No. 52/1998 s. 311(Sch. 1 item 2.1). (4) If an application for review relates to a proceeding in the Victorian Civil and Administrative Tribunal or a determination or order of that Tribunal under the **Residential Tenancies Act 1997**, the Court must refuse the application unless it is satisfied that the applicant has made out a prima facie case for relief under section 7 on the ground that— (a) the Tribunal had or has no jurisdiction in relation to the matter; or (b) there has been a denial of natural justice to the applicant or to a party in the proceeding before the Tribunal. 5 As to orders for review s. 5 S. 5(1) amended by No. 110/1986 s. 140(2) (Sch.), repealed by No. 109/1994 s. 34(3)(a). * * * * * S. 5(2) amended by Nos 110/1986 s. 140(2) (Sch.), 109/1994 s. 34(3)(b)–(c). (2) An order for review shall contain such directions as the Court thinks fit with respect to the service of the order nisi for review, and as to its return, but unless for good cause shown shall be expressed to be returnable on a date not more than 30 days after its pronouncement. S. 5(3) amended by No. 110/1986 s. 140(2) (Sch.). (3) The order for review shall state the grounds upon which it is sought to review the decision, but on the return of the order the Court shall have power to amend any of such grounds or to allow such additional grounds as to it seems fit. S. 6 amended by No. 110/1986 s. 140(2) (Sch.). 6 Power to impose terms on granting an order for review The Court in granting an order for review may grant it on such terms as to costs or security as to it seems fit and may provide for the stay of any proceedings on the decision and may order any implementation of the decision to be restrained. S. 7 amended by Nos 9549 s. 2(1)(Sch. item 3), 110/1986 s. 140(2) (Sch.), 57/1989 s. 3(Sch. item 5.1). 7 Powers of Court Upon the return of the order for review, the Court may discharge the order or may exercise all or any of the jurisdiction or powers and grant all or any of the remedies which upon the material adduced and upon the grounds stated in the order might be exercised or granted in proceedings for relief or remedy in the nature of certiorari, mandamus, prohibition or quo warranto or in proceedings for a declaration of invalidity in respect of the decision or for an injunction to restrain the implementation thereof and may extend the period limited by statute for the making of the decision but shall not exercise any other jurisdiction or power or grant any other remedy. 8 Reasons for decision to be furnished by tribunal on request by party concerned s. 8 (1) A tribunal shall, if requested to do so by any person affected by a decision made or to be made by it, furnish him with a statement of its reasons for the decision. S. 8(2) amended by Nos 10097 s. 174(8)(b), 63/1987 s. 7, 4/1989 s. 8(1)(b), 52/1998 s. 311(Sch. 1 item 2.2). (2) The request may be made orally or in writing to the tribunal or to any member or officer thereof but must be made either before the giving or notification of the decision or else within thirty days after the decision has come to the knowledge of the person making the request and in any event not later than ninety days after the giving or notification of the decision. (3) The statement of reasons shall be in writing and furnished within a reasonable time. S. 8(4) amended by No. 110/1986 s. 140(2) (Sch.). (4) The Supreme Court, upon being satisfied by the person making the request that a reasonable time has elapsed without any such statement of reasons for the decision having been furnished or that the only statement furnished is not adequate to enable a Court to see whether the decision does or does not involve any error of law, may order the tribunal to furnish, within a time specified in the order, a statement or further statement of its reasons and if the order is not complied with the Court, in addition to or in lieu of any order to enforce compliance by the tribunal or any member thereof, may make any such order as might have been made if error of law had appeared on the face of the record. S. 8(5) amended by No. 110/1986 s. 140(2) (Sch.). (5) Notwithstanding anything in this section a tribunal shall not be bound to furnish a statement of reasons, and the Court shall not be bound to order it to do so, where to furnish the reasons would, in the opinion of the Court, be against public policy, or the person making the request is not a person primarily concerned with the decision and to furnish the reasons would, in the opinion of the Court, be against the interests of a person primarily concerned. S. 8(6) inserted by No. 52/1998 s. 311(Sch. 1 item 2.3) (as amended by No. 101/1998 s. 22(1)(b)). (6) Nothing in this section applies to the Victorian Civil and Administrative Tribunal or the Business Licensing Authority. S. 9 amended by No. 110/1986 s. 140(2) (Sch.). 9 Interim relief s. 9 The Supreme Court, in order to prevent irreparable damage pending judicial review, may by order suspend the operation, or postpone the coming into effect, of a decision made or to be made by a tribunal or restrain the implementing thereof until the expiration of fourteen days from the furnishing by the tribunal of a statement of reasons as provided by subsection (1) of section 8 or for such further time as the Court shall deem fit. 10 Reasons to be part of record Any statement by a tribunal or inferior court whether made orally or in writing, and whether or not made pursuant to a request or order under section 8, of its reasons for a decision shall be taken to form part of the decision and accordingly to be incorporated in the record. S. 11 amended by No. 57/1989 s. 3(Sch. item 5.2). 11 As to who may seek prerogative writ declaration or injunction s. 11 Any person affected by the decision of a tribunal or inferior court shall have sufficient standing to maintain proceedings for relief or remedy in the nature of certiorari, mandamus or prohibition or in proceedings for a declaration of invalidity or an injunction in relation to the decision but nothing in this section shall take away or impair any right to relief otherwise existing or the discretion to refuse any such relief. S. 12 amended by Nos 57/1989 s. 3(Sch. item 5.3), 68/2009 s. 97(Sch. item 5). 12 Provisions excluding jurisdiction by Court not to prevail Any provision in an Act passed before the commencement of this Act that any proceedings shall not be removed, or that any decision of a tribunal or inferior court shall be final or shall not be quashed or shall not be called in question, and any provision in any such Act which by any similar words excludes any of the powers of the Supreme Court, shall not, as from the commencement of this Act, prevent the removal of proceedings of a tribunal or inferior court into the Supreme Court, nor the quashing or setting aside of a decision of a tribunal or inferior court by that Court, whether for error of law on the face of the record or otherwise, in proceedings for relief or remedy in the nature of certiorari, nor prejudice the powers of that Court to grant relief or remedy in the nature of mandamus or prohibition or by way of declaration of invalidity or injunction in relation to a decision of a tribunal or inferior court or to make any order for review or other order provided for in this Act. S. 13 inserted by No. 9865 s. 2. 13 Exemption of Ministerial Council s. 13 (1) The provisions of this Act shall not apply to a decision of the Ministerial Council. (2) In this section— ***Agreement*** means the Agreement made on 22 December 1978 between the Commonwealth and the States in relation to a proposed scheme for the co-operative regulation of companies and the securities industry or, if that agreement is or has been amended or affected by another agreement, that agreement as so amended or affected; ***Ministerial Council*** means the Ministerial Council for Companies and Securities established by the Agreement. S. 14 inserted by No. 2/1986 s. 3, amended by Nos 110/1986 s. 140(2) (Sch.), 44/1992 s. 70, 45/1992 s. 66, 107/1993 s. 60, 74/2000 s. 3(Sch. 1 item 4), repealed by No. 26/2003 s. 63. * * * * * S. 15 inserted by No. 52/1998 s. 311(Sch. 1 item 2.4), amended by No. 30/2003 s. 81(2) (ILA s. 39B(1)). 15 Supreme Court—Limitation of jurisdiction (1) It is the intention of section 4(3) and (4) as substituted by item 2.1 of Schedule 1 to the **Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998**, to alter or vary section 85 of the **Constitution Act 1975**. S. 15(2) inserted by No. 30/2003 s. 81(2). (2) It is the intention of section 4(3), as amended by the **Fair Trading (Amendment) Act 2003**, to alter or vary section 85 of the **Constitution Act 1975**. s. 15 ENDnotes Endnotes 1. General Information The **Administrative Law Act 1978** was assented to on 19 December 1978 and came into operation on 1 May 1979: Government Gazette 7 March 1979 page 617. 1. Table of Amendments Endnotes This Version incorporates amendments made to the **Administrative Law Act 1978** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Residential Tenancies Act 1980, No. 9514/1980** | Assent Date: | 23.12.80 | | --- | --- | | Commencement Date: | 9.11.81: Government Gazette 21.10.81 p. 3431 | | Current State: | All of Act in operation | **Statute Law Revision Act 1981, No. 9549/1981** | Assent Date: | 19.5.81 | | --- | --- | | Commencement Date: | 19.5.81: subject to s. 2(2) | | Current State: | All of Act in operation | **Administrative Law (Amendment) Act 1983, No. 9865/1983** | Assent Date: | 29.3.83 | | --- | --- | | Commencement Date: | 29.3.83 | | Current State: | All of Act in operation | **Credit Act 1984, No. 10097/1984** | Assent Date: | 22.5.84 | | --- | --- | | Commencement Date: | S. 174(8) on 28.2.85: Government Gazette 19.12.84 p. 4483 | | Current State: | This information relates only to the provision/s amending the **Administrative Law Act 1978** | **Administrative Law (University Visitor) Act 1986, No. 2/1986** | Assent Date: | 25.3.86 | | --- | --- | | Commencement Date: | 1.7.86: Government Gazette 18.6.86 p. 2066 | | Current State: | All of Act in operation | **Supreme Court Act 1986, No. 110/1986** | Assent Date: | 16.12.86 | | --- | --- | | Commencement Date: | 1.1.87: s. 2 | | Current State: | All of Act in operation | **Residential Tenancies (Amendment) Act 1987, No. 63/1987** | Assent Date: | 4.11.87 | | --- | --- | | Commencement Date: | 1.2.88: Government Gazette 23.12.87 p. 3472 | | Current State: | All of Act in operation | **Credit (Administration) (Amendment) Act 1989, No. 4/1989** | Assent Date: | 2.5.89 | | --- | --- | | Commencement Date: | Ss 1–3, 5 on 2.5.89: s. 2(1); ss 4, 6–9 on 29.4.91: Government Gazette 6.3.91 p. 483 | | Current State: | All of Act in operation | **Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989** | Assent Date: | 14.6.89 | | --- | --- | | Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 | | Current State: | All of Act in operation | **Swinburne University of Technology Act 1992, No. 44/1992** | Assent Date: | 23.6.92 | | --- | --- | | Commencement Date: | 1.7.92: Government Gazette 1.7.92 p. 1628 | | Current State: | All of Act in operation | Endnotes **Royal Melbourne Institute of Technology Act 1992, No. 45/1992** | Assent Date: | 23.6.92 | | --- | --- | | Commencement Date: | 1.7.92: Government Gazette 1.7.92 p. 1626 | | Current State: | All of Act in operation | **University of Ballarat Act 1993, No. 107/1993** | Assent Date: | 26.11.93 | | --- | --- | | Commencement Date: | Ss 1, 2, 45 on 26.11.93: s. 2(1); rest of Act on 1.1.94: Government Gazette 23.12.93 p. 3380 | | Current State: | All of Act in operation | **Constitution (Court of Appeal) Act 1994, No. 109/1994** | Assent Date: | 20.12.94 | | --- | --- | | Commencement Date: | Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 | | Current State: | All of Act in operation | **Consumer Credit (Victoria) Act 1995, No. 41/1995** (as amended by No. 84/1997) | Assent Date: | 14.6.95 | | --- | --- | | Commencement Date: | S. 62(Sch. 1 item 1) on 1.11.96: Government Gazette 29.8.96 p. 2274 | | Current State: | This information relates only to the provision/s amending the **Administrative Law Act 1978** | **Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998** (as amended by No. 101/1998) | Assent Date: | 2.6.98 | | --- | --- | | Commencement Date: | S. 311(Sch. 1 item 2) on 1.7.98: Government Gazette 18.6.98 p. 1512 | | Current State: | This information relates only to the provision/s amending the **Administrative Law Act 1978** | **Statute Law Revision Act 2000, No. 74/2000** | Assent Date: | 21.11.00 | | --- | --- | | Commencement Date: | S. 3(Sch. 1 item 4) on 22.11.00: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Administrative Law Act 1978** | **University Acts (Amendment) Act 2003, No. 26/2003** | Assent Date: | 13.5.03 | | --- | --- | | Commencement Date: | S. 63 on 1.7.03: Government Gazette 26.6.03 p. 1548 | | Current State: | This information relates only to the provision/s amending the **Administrative Law Act 1978** | Endnotes **Fair Trading (Amendment) Act 2003, No. 30/2003** | Assent Date: | 27.5.03 | | --- | --- | | Commencement Date: | S. 81 on 9.10.03: Government Gazette 9.10.03 p. 2589 | | Current State: | This information relates only to the provision/s amending the **Administrative Law Act 1978** | **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009** | Assent Date: | 24.11.09 | | --- | --- | | Commencement Date: | S. 97(Sch. item 5) on 1.1.10: Government Gazette 10.12.09 p. 3215 | | Current State: | This information relates only to the provision/s amending the **Administrative Law Act 1978** | **Australian Consumer Law and Fair Trading Act 2012, No. 21/2012** | Assent Date: | 8.5.12 | | --- | --- | | Commencement Date: | S. 239(Sch. 6 item 2) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 | | Current State: | This information relates only to the provision/s amending the **Administrative Law Act 1978** | **Inquiries Act 2014, No. 67/2014** | Assent Date: | 23.9.14 | | --- | --- | | Commencement Date: | S. 147(Sch. 2 item 1) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 | | Current State: | This information relates only to the provision/s amending the **Administrative Law Act 1978** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Explanatory Details Endnotes No entries at date of publication.