This Act creates a single statutory route to challenge administrative decisions in the Supreme Court, covering state, state authority and local government actions and some publicly funded non‑statutory schemes. It lets adversely affected people seek review on specified grounds, obtain remedies (quashing, directions, declarations, injunctions), and request written reasons within tight timeframes, while replacing old common‑law writs. It matters because it increases transparency and judicial oversight but also raises compliance costs, timing rules and discretionary litigation risks for decision‑makers and the State.
The Judicial Review Act 1991 establishes a statutory code for challenging administrative decisions, conduct and failures to decide in Queensland. At its core it creates a right for a "person aggrieved" to apply to the Supreme Court for a "statutory order of review" in respect of any "decision to which this Act applies" (s 4 and s 20). That phrase is deliberately broad: it encompasses (a) decisions of an administrative character made under an enactment (whether discretionary or not) and (b) administrative decisions made by the State, a State authority or local government under a non-statutory scheme or program funded in whole or part from parliamentary appropriations or from a tax, charge, fee or levy authorised by enactment (s 4(1)).
The Act then defines what counts as the "making of a decision" (s 5). The list is exhaustive and includes making, suspending, revoking or refusing orders, certificates, licences, conditions, declarations, demands, retention of articles, or "doing or refusing to do anything else". A report or recommendation required before a final decision is itself deemed a decision (s 6). Conduct engaged in for the purpose of making a decision expressly includes preparatory steps such as taking evidence or holding inquiries (s 8). A failure to make a decision is reviewable either on the ground of unreasonable delay (where no time is fixed) or on the ground that the duty to decide survives the expiry of a fixed period (s 22).
Part 3 supplies the grounds on which a statutory order of review may be sought. Section 20(2) lists nine grounds for review of a completed decision: breach of natural justice, failure to observe required procedures, lack of jurisdiction, lack of authority, improper exercise of power, error of law, fraud, no evidence or other material, and "otherwise contrary to law". Section 21 applies an almost identical list to conduct that has been, is being or is proposed to be engaged in for the purpose of making a decision. Section 23 expands "improper exercise of power" (the ground in ss 20(2)(e) and 21(2)(e)) to include irrelevant considerations, failure to consider relevant matters, bad faith, acting at the behest of another, inflexible application of policy, Wednesbury unreasonableness, uncertainty of outcome, and any other abuse of power. Section 24 sets out the precise evidentiary thresholds that must be met before the "no evidence" ground can be made out.
Current sections
Direct links to the current provisions in Judicial Review Act 1991.
74
pt.1
Preliminary
Preliminary
pt.1-div.1
Introductory
Introductory
sec.1
Short title
sec.1 Short title
This Act may be cited as the Judicial Review Act 1991 .
pt.1-div.2
Interpretation
Interpretation
sec.3
Definitions
sec.3 Definitions
In this Act—
certiorari order means an order the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for section 41 , have been granted by means of a writ of certiorari.
competitive commercial activity means an activity carried on, on a commercial basis, in competition with a person, other than—
the Commonwealth or a State or Territory; or
a State authority; or
a local government authority.
corporatised corporation means a corporate entity under the Local Government Act 2009 .
s 3 def corporatised corporation ins 1997 No. 23 s 74
amd 2000 No. 46 s 3 sch ; 2002 No. 34 s 74 sch 6
sub 2009 No. 17 s 331 sch 1
court means the Supreme Court.
duty includes a duty imposed on a person in the person’s capacity as a servant of the Crown.
enactment means an Act or statutory instrument, and includes a part of an Act or statutory instrument.
GOC ...
s 3 def GOC ins 1994 No. 38 s 19
om 1995 No. 23 s 27 (1)
judge means a judge of the Supreme Court.
person includes an unincorporated body.
prerogative injunction means an injunction of the kind mentioned in section 42 (2) .
prerogative order means an order of a kind mentioned in section 41 (2) .
prohibition order means an order the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for section 41 , have been granted by means of a writ of prohibition.
rail government entity see the Transport Infrastructure Act 1994 , schedule 6 .
s 3 def rail government entity ins 2013 No. 19 s 120 sch 1
reasons , in relation to a decision, means—
findings on material questions of fact; and
a reference to the evidence or other material on which the findings were based;
as well as the reasons for the decision.
review , in part 1 , division 3 , includes a review by way of—
reconsideration, rehearing or appeal; or
the grant of an injunction or of a prerogative or statutory writ or order; or
the making of a declaratory or other order.
reviewable matter means—
a decision; or
conduct, including conduct engaged in for the purpose of making a decision; or
a failure to make a decision or to perform a duty according to law.
royalty see the Taxation Administration Act 2001 , schedule 2 .
s 3 def royalty ins 2020 No. 30 s 6
rules of court mean the rules of court of the Supreme Court.
s 3 def rules of court sub 1995 No. 23 s 27
service includes the Queensland Police Service.
State authority means an authority or body (whether or not incorporated) that is established by or under an enactment, but does not include a local government authority.
statutory order of review means an order on an application made—
under section 20 in relation to a decision; or
under section 21 in relation to conduct engaged in for the purpose of making a decision; or
under section 22 in relation to a failure to make a decision.
(a) the Commonwealth or a State or Territory; or
(b) a State authority; or
(c) a local government authority.
(a) findings on material questions of fact; and
(b) a reference to the evidence or other material on which the findings were based;
(a) reconsideration, rehearing or appeal; or
(b) the grant of an injunction or of a prerogative or statutory writ or order; or
(c) the making of a declaratory or other order.
(a) a decision; or
(b) conduct, including conduct engaged in for the purpose of making a decision; or
(c) a failure to make a decision or to perform a duty according to law.
(a) under section 20 in relation to a decision; or
(b) under section 21 in relation to conduct engaged in for the purpose of making a decision; or
(c) under section 22 in relation to a failure to make a decision.
sec.4
Meaning of decision to which this Act applies
sec.4 Meaning of decision to which this Act applies
In this Act—
decision to which this Act applies means—
a decision of an administrative character made, proposed to be made, or required to be made, under an enactment (whether or not in the exercise of a discretion); or
a decision of an administrative character made, or proposed to be made, by, or by an officer or employee of, the State or a State authority or local government authority under a non-statutory scheme or program involving funds that are provided or obtained (in whole or part)—
out of amounts appropriated by Parliament; or
from a tax, charge, fee or levy authorised by or under an enactment.
(a) a decision of an administrative character made, proposed to be made, or required to be made, under an enactment (whether or not in the exercise of a discretion); or
(b) a decision of an administrative character made, or proposed to be made, by, or by an officer or employee of, the State or a State authority or local government authority under a non-statutory scheme or program involving funds that are provided or obtained (in whole or part)— (i) out of amounts appropriated by Parliament; or (ii) from a tax, charge, fee or levy authorised by or under an enactment.
(i) out of amounts appropriated by Parliament; or
(ii) from a tax, charge, fee or levy authorised by or under an enactment.
(i) out of amounts appropriated by Parliament; or
(ii) from a tax, charge, fee or levy authorised by or under an enactment.
sec.5
Meaning of making of a decision and failure to make a decision
sec.5 Meaning of making of a decision and failure to make a decision
In this Act, a reference to the making of a decision includes a reference to—
making, suspending, revoking or refusing to make an order, award or determination; or
giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; or
issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; or
imposing a condition or restriction; or
making a declaration, demand or requirement; or
retaining, or refusing to deliver up, an article; or
doing or refusing to do anything else;
and a reference to a failure to make a decision is to be construed accordingly.
(a) making, suspending, revoking or refusing to make an order, award or determination; or
(b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; or
(c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; or
(d) imposing a condition or restriction; or
(e) making a declaration, demand or requirement; or
(f) retaining, or refusing to deliver up, an article; or
(g) doing or refusing to do anything else;
sec.6
Making of report or recommendation is making of a decision
sec.6 Making of report or recommendation is making of a decision
If provision is made by an enactment for the making of a report or recommendation before a decision is made, the making of the report or recommendation is itself taken, for the purposes of this Act, to be the making of a decision.
sec.7
Meaning of person aggrieved
sec.7 Meaning of person aggrieved
In this Act, a reference to a person aggrieved by a decision includes a reference—
to a person whose interests are adversely affected by the decision; or
in the case of a decision by way of the making of a report or recommendation—to a person whose interests would be adversely affected if a decision were, or were not, made in accordance with the report or recommendation.
In this Act, a reference—
to a person aggrieved by conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision; or
to a person aggrieved by a failure to make a decision;
includes a reference to a person whose interests are, or would be, adversely affected by the conduct or failure.
(sec.7-ssec.1) In this Act, a reference to a person aggrieved by a decision includes a reference— to a person whose interests are adversely affected by the decision; or in the case of a decision by way of the making of a report or recommendation—to a person whose interests would be adversely affected if a decision were, or were not, made in accordance with the report or recommendation.
(sec.7-ssec.2) In this Act, a reference— to a person aggrieved by conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision; or to a person aggrieved by a failure to make a decision; includes a reference to a person whose interests are, or would be, adversely affected by the conduct or failure.
(a) to a person whose interests are adversely affected by the decision; or
(b) in the case of a decision by way of the making of a report or recommendation—to a person whose interests would be adversely affected if a decision were, or were not, made in accordance with the report or recommendation.
(a) to a person aggrieved by conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision; or
(b) to a person aggrieved by a failure to make a decision;
sec.8
Conduct engaged in for making decision—preparatory acts
sec.8 Conduct engaged in for making decision—preparatory acts
A reference in this Act to conduct engaged in for the purpose of making a decision includes a reference to the doing of anything preparatory to the making of the decision, including—
the taking of evidence; or
the holding of an inquiry or investigation.
(a) the taking of evidence; or
(b) the holding of an inquiry or investigation.
sec.9
Power conferred by enactment—non-statutory scheme or program
sec.9 Power conferred by enactment—non-statutory scheme or program
A reference in this Act to the exercise of a power conferred by an enactment includes a reference to the exercise of a power, or performance of a function, under a non-statutory scheme or program involving funds that are provided or obtained (in whole or part)—
out of amounts appropriated by Parliament; or
from a tax, charge, fee or levy authorised by or under an enactment.
(a) out of amounts appropriated by Parliament; or
(b) from a tax, charge, fee or levy authorised by or under an enactment.
pt.1-div.3
Relationship with other review rights
Relationship with other review rights
sec.10
Rights conferred by Act additional to other review rights
sec.10 Rights conferred by Act additional to other review rights
The rights conferred by this Act on a person to make an application to the court in relation to a reviewable matter are in addition to any other rights that the person has to seek a review of the matter (whether by the court, another court or a tribunal, authority or person).
Subject to section 41 , the existence of a remedy by way of an application for review does not exclude any jurisdiction of the court to grant other relief.
(sec.10-ssec.1) The rights conferred by this Act on a person to make an application to the court in relation to a reviewable matter are in addition to any other rights that the person has to seek a review of the matter (whether by the court, another court or a tribunal, authority or person).
(sec.10-ssec.2) Subject to section 41 , the existence of a remedy by way of an application for review does not exclude any jurisdiction of the court to grant other relief.
sec.11
When application for other review may be dismissed
sec.11 When application for other review may be dismissed
Despite section 10 , but without limiting section 48 , the court, or another court, may, in a proceeding instituted otherwise than under this Act, dismiss an application for review of a reviewable matter because an application has been made to the court under section 20 to 22 or 43 in relation to the matter.
sec.12
When application for statutory order of review may be dismissed
sec.12 When application for statutory order of review may be dismissed
Despite section 10 , but without limiting section 48 , the court may dismiss an application under section 20 to 22 or 43 that was made to the court in relation to a reviewable matter because—
the applicant has sought a review of the matter by the court or another court, otherwise than under this Act; or
adequate provision is made by a law, other than this Act, under which the applicant is entitled to seek a review of the matter by the court or another court.
(a) the applicant has sought a review of the matter by the court or another court, otherwise than under this Act; or
(b) adequate provision is made by a law, other than this Act, under which the applicant is entitled to seek a review of the matter by the court or another court.
sec.13
When application for statutory order of review must be dismissed
sec.13 When application for statutory order of review must be dismissed
Despite section 10 , but without limiting section 48 , if—
an application under section 20 to 22 or 43 is made to the court in relation to a reviewable matter; and
provision is made by a law, other than this Act, under which the applicant is entitled to seek a review of the matter by another court or a tribunal, authority or person;
the court must dismiss the application if it is satisfied, having regard to the interests of justice, that it should do so.
(a) an application under section 20 to 22 or 43 is made to the court in relation to a reviewable matter; and
(b) provision is made by a law, other than this Act, under which the applicant is entitled to seek a review of the matter by another court or a tribunal, authority or person;
sec.14
When application for statutory order of review concerning interim initial proceeding must be dismissed
sec.14 When application for statutory order of review concerning interim initial proceeding must be dismissed
Despite section 10 , but without limiting section 48 , if—
an application under section 20 to 22 or 43 is made to the court in relation to a reviewable matter made or engaged in by a tribunal, authority or person in the course of a proceeding (the initial proceeding ) before the tribunal, authority or person (the decision-maker ); and
review of the matter is available because of provision made by a law (including this Act) under which the applicant is entitled to seek a review by the court, another court, or another tribunal, authority or person, of any decision of the decision-maker at the end of the initial proceeding; and
the court considers that it is desirable to dismiss the application in order to avoid interference with the due and orderly conduct of the initial proceeding because, in all the circumstances, the balance of convenience (including the interests of the applicant, another party or another person, the public interest and the consequences of delay in the initial proceeding) so requires;
the court must dismiss the application if it is satisfied, having regard to the interests of justice, that it should do so.
(a) an application under section 20 to 22 or 43 is made to the court in relation to a reviewable matter made or engaged in by a tribunal, authority or person in the course of a proceeding (the initial proceeding ) before the tribunal, authority or person (the decision-maker ); and
(b) review of the matter is available because of provision made by a law (including this Act) under which the applicant is entitled to seek a review by the court, another court, or another tribunal, authority or person, of any decision of the decision-maker at the end of the initial proceeding; and
(c) the court considers that it is desirable to dismiss the application in order to avoid interference with the due and orderly conduct of the initial proceeding because, in all the circumstances, the balance of convenience (including the interests of the applicant, another party or another person, the public interest and the consequences of delay in the initial proceeding) so requires;
sec.15
Exercise of powers under div 3
sec.15 Exercise of powers under div 3
A power under this division to dismiss an application—
must be exercised by order; and
may be exercised at any time in the relevant proceeding, but the court concerned must try to ensure that any exercise of the power happens at the earliest appropriate time.
The court may make an order under this division—
of its own motion; or
on an application by a party to the proceeding.
The court may receive evidence on the hearing of an application for an order under this division.
An appeal may be brought from an order of the court under this division only with the leave of the Court of Appeal.
(sec.15-ssec.1) A power under this division to dismiss an application— must be exercised by order; and may be exercised at any time in the relevant proceeding, but the court concerned must try to ensure that any exercise of the power happens at the earliest appropriate time.
(sec.15-ssec.2) The court may make an order under this division— of its own motion; or on an application by a party to the proceeding.
(sec.15-ssec.3) The court may receive evidence on the hearing of an application for an order under this division.
(sec.15-ssec.4) An appeal may be brought from an order of the court under this division only with the leave of the Court of Appeal.
(a) must be exercised by order; and
(b) may be exercised at any time in the relevant proceeding, but the court concerned must try to ensure that any exercise of the power happens at the earliest appropriate time.
(a) of its own motion; or
(b) on an application by a party to the proceeding.
If—
a provision of the Administrative Decisions (Judicial Review) Act 1977 (Cwlth) expresses an idea in particular words; and
a provision of this Act appears to express the same idea in different words because of different legislative drafting practice;
the ideas must not be taken to be different merely because different words are used.
A comparative table of the provisions of this Act and the provisions of the Administrative Decisions (Judicial Review) Act 1977 (Cwlth) is set out in schedule 3 .
(sec.16-ssec.1) If— a provision of the Administrative Decisions (Judicial Review) Act 1977 (Cwlth) expresses an idea in particular words; and a provision of this Act appears to express the same idea in different words because of different legislative drafting practice; the ideas must not be taken to be different merely because different words are used.
(sec.16-ssec.2) A comparative table of the provisions of this Act and the provisions of the Administrative Decisions (Judicial Review) Act 1977 (Cwlth) is set out in schedule 3 .
(a) a provision of the Administrative Decisions (Judicial Review) Act 1977 (Cwlth) expresses an idea in particular words; and
(b) a provision of this Act appears to express the same idea in different words because of different legislative drafting practice;
sec.17
Section sec.17
s 17 om 2001 No. 73 s 96 sch 1
sec.18
Operation of other laws
sec.18 Operation of other laws
This Act has effect despite any law in force at its commencement.
However, this Act does not—
affect the operation of an enactment mentioned in schedule 1 , part 1 ; or
apply to decisions made, proposed to be made, or required to be made, under an enactment mentioned in schedule 1 , part 2 .
s 18 sub 1995 No. 23 s 28
(sec.18-ssec.1) This Act has effect despite any law in force at its commencement.
(sec.18-ssec.2) However, this Act does not— affect the operation of an enactment mentioned in schedule 1 , part 1 ; or apply to decisions made, proposed to be made, or required to be made, under an enactment mentioned in schedule 1 , part 2 .
(a) affect the operation of an enactment mentioned in schedule 1 , part 1 ; or
(b) apply to decisions made, proposed to be made, or required to be made, under an enactment mentioned in schedule 1 , part 2 .
pt.1-div.5
Application of Act
Application of Act
sec.18A
Application of Act to GOCs, rail government entities and State electricity entities
sec.18A Application of Act to GOCs, rail government entities and State electricity entities
This Act does not apply to—
a decision of a GOC mentioned in schedule 6 to the extent provided under the application provision mentioned for the GOC in the schedule; or
a decision of a rail government entity to the extent provided under the Transport Infrastructure Act 1994 , section 486 ; or
a decision of a State electricity entity within the meaning of the Electricity Act 1994 to the extent provided under section 256 of that Act.
s 18A ins 1994 No. 38 s 20
sub 2013 No. 19 s 120 sch 1
amd 2016 No. 36 s 44
(a) a decision of a GOC mentioned in schedule 6 to the extent provided under the application provision mentioned for the GOC in the schedule; or
(b) a decision of a rail government entity to the extent provided under the Transport Infrastructure Act 1994 , section 486 ; or
(c) a decision of a State electricity entity within the meaning of the Electricity Act 1994 to the extent provided under section 256 of that Act.
sec.18B
Section sec.18B
s 18B ins 1997 No. 23 s 75
amd 2000 No. 46 s 3 sch ; 2009 No. 17 s 331 sch 1
sub 2010 No. 23 s 352 sch 1
om 2012 No. 33 s 192 sch
sec.18C
Application of Act to State and relevant entity under Transport Infrastructure Act 1994
sec.18C Application of Act to State and relevant entity under Transport Infrastructure Act 1994
This Act does not apply to a decision of the State or a relevant entity made in carrying out its functions under the Transport Infrastructure Act 1994 , chapter 8 , part 3A .
In this section—
functions includes powers.
relevant entity see the Transport Infrastructure Act 1994 , section 279A .
s 18C ins 2010 No. 19 s 43
(sec.18C-ssec.1) This Act does not apply to a decision of the State or a relevant entity made in carrying out its functions under the Transport Infrastructure Act 1994 , chapter 8 , part 3A .
(sec.18C-ssec.2) In this section— functions includes powers. relevant entity see the Transport Infrastructure Act 1994 , section 279A .
pt.2
Jurisdiction
Jurisdiction
sec.19
Jurisdiction of Supreme Court
sec.19 Jurisdiction of Supreme Court
The court has jurisdiction to hear and determine applications made to it under this Act.
pt.3
Statutory orders of review
Statutory orders of review
sec.20
Application for review of decision
sec.20 Application for review of decision
A person who is aggrieved by a decision to which this Act applies may apply to the court for a statutory order of review in relation to the decision.
The application may be made on any 1 or more of the following grounds—
that a breach of the rules of natural justice happened in relation to the making of the decision;
that procedures that were required by law to be observed in relation to the making of the decision were not observed;
that the person who purported to make the decision did not have jurisdiction to make the decision;
that the decision was not authorised by the enactment under which it was purported to be made;
that the making of the decision was an improper exercise of the power conferred by the enactment under which it was purported to be made;
that the decision involved an error of law (whether or not the error appears on the record of the decision);
that the decision was induced or affected by fraud;
that there was no evidence or other material to justify the making of the decision;
that the decision was otherwise contrary to law.
This section applies only to a decision made after the commencement of this Act.
(sec.20-ssec.1) A person who is aggrieved by a decision to which this Act applies may apply to the court for a statutory order of review in relation to the decision.
(sec.20-ssec.2) The application may be made on any 1 or more of the following grounds— that a breach of the rules of natural justice happened in relation to the making of the decision; that procedures that were required by law to be observed in relation to the making of the decision were not observed; that the person who purported to make the decision did not have jurisdiction to make the decision; that the decision was not authorised by the enactment under which it was purported to be made; that the making of the decision was an improper exercise of the power conferred by the enactment under which it was purported to be made; that the decision involved an error of law (whether or not the error appears on the record of the decision); that the decision was induced or affected by fraud; that there was no evidence or other material to justify the making of the decision; that the decision was otherwise contrary to law.
(sec.20-ssec.3) This section applies only to a decision made after the commencement of this Act.
(a) that a breach of the rules of natural justice happened in relation to the making of the decision;
(b) that procedures that were required by law to be observed in relation to the making of the decision were not observed;
(c) that the person who purported to make the decision did not have jurisdiction to make the decision;
(d) that the decision was not authorised by the enactment under which it was purported to be made;
(e) that the making of the decision was an improper exercise of the power conferred by the enactment under which it was purported to be made;
(f) that the decision involved an error of law (whether or not the error appears on the record of the decision);
(g) that the decision was induced or affected by fraud;
(h) that there was no evidence or other material to justify the making of the decision;
(i) that the decision was otherwise contrary to law.
sec.21
Application for review of conduct related to making of decision
sec.21 Application for review of conduct related to making of decision
If a person has engaged, is engaging, or proposes to engage, in conduct for the purpose of making a decision to which this Act applies (whether by the person engaging in the conduct or by another person), a person who is aggrieved by the conduct may apply to the court for a statutory order of review in relation to the conduct.
The application may be made on any 1 or more of the following grounds—
that a breach of the rules of natural justice has happened, is happening, or is likely to happen, in relation to the conduct;
that procedures that are required by law to be observed in relation to the conduct have not been, are not being, or are likely not to be, observed;
that the person proposing to make the decision does not have jurisdiction to make the proposed decision;
that the enactment under which the decision is proposed to be made does not authorise the making of the proposed decision;
that the making of the proposed decision would be an improper exercise of the power conferred by the enactment under which the decision is proposed to be made;
that an error of law—
has been, is being, or is likely to be, committed in the course of the conduct; or
is likely to be committed in the making of the proposed decision;
that fraud has taken place, is taking place, or is likely to take place, in the course of the conduct;
that there is no evidence or other material to justify the making of the proposed decision;
that the making of the proposed decision would be otherwise contrary to law.
This section applies only to conduct engaged in, or proposed to be engaged in, after the commencement of this Act.
(sec.21-ssec.1) If a person has engaged, is engaging, or proposes to engage, in conduct for the purpose of making a decision to which this Act applies (whether by the person engaging in the conduct or by another person), a person who is aggrieved by the conduct may apply to the court for a statutory order of review in relation to the conduct.
(sec.21-ssec.2) The application may be made on any 1 or more of the following grounds— that a breach of the rules of natural justice has happened, is happening, or is likely to happen, in relation to the conduct; that procedures that are required by law to be observed in relation to the conduct have not been, are not being, or are likely not to be, observed; that the person proposing to make the decision does not have jurisdiction to make the proposed decision; that the enactment under which the decision is proposed to be made does not authorise the making of the proposed decision; that the making of the proposed decision would be an improper exercise of the power conferred by the enactment under which the decision is proposed to be made; that an error of law— has been, is being, or is likely to be, committed in the course of the conduct; or is likely to be committed in the making of the proposed decision; that fraud has taken place, is taking place, or is likely to take place, in the course of the conduct; that there is no evidence or other material to justify the making of the proposed decision; that the making of the proposed decision would be otherwise contrary to law.
(sec.21-ssec.3) This section applies only to conduct engaged in, or proposed to be engaged in, after the commencement of this Act.
(a) that a breach of the rules of natural justice has happened, is happening, or is likely to happen, in relation to the conduct;
(b) that procedures that are required by law to be observed in relation to the conduct have not been, are not being, or are likely not to be, observed;
(c) that the person proposing to make the decision does not have jurisdiction to make the proposed decision;
(d) that the enactment under which the decision is proposed to be made does not authorise the making of the proposed decision;
(e) that the making of the proposed decision would be an improper exercise of the power conferred by the enactment under which the decision is proposed to be made;
(f) that an error of law— (i) has been, is being, or is likely to be, committed in the course of the conduct; or (ii) is likely to be committed in the making of the proposed decision;
(i) has been, is being, or is likely to be, committed in the course of the conduct; or
(ii) is likely to be committed in the making of the proposed decision;
(g) that fraud has taken place, is taking place, or is likely to take place, in the course of the conduct;
(h) that there is no evidence or other material to justify the making of the proposed decision;
(i) that the making of the proposed decision would be otherwise contrary to law.
(i) has been, is being, or is likely to be, committed in the course of the conduct; or
(ii) is likely to be committed in the making of the proposed decision;
sec.22
Application in relation to failure to make decision
sec.22 Application in relation to failure to make decision
If—
a person has a duty to make a decision to which this Act applies; and
there is no law that fixes a period within which the person is required to make the decision; and
the person has failed to make the decision;
a person who is aggrieved by the failure of the person to make the decision may apply to the court for a statutory order of review in relation to the failure to make the decision on the ground that there has been unreasonable delay in making the decision.
If—
a person has a duty to make a decision to which this Act applies; and
a law fixes a period within which the person is required to make the decision; and
the person failed to make the decision before the end of the period;
a person who is aggrieved by the failure of the person to make the decision within the period may apply to the court for a statutory order of review in relation to the failure to make the decision within the period on the ground that the person has a duty to make the decision despite the end of the period.
This section applies only to a decision required to be made after the commencement of this Act.
(sec.22-ssec.1) If— a person has a duty to make a decision to which this Act applies; and there is no law that fixes a period within which the person is required to make the decision; and the person has failed to make the decision; a person who is aggrieved by the failure of the person to make the decision may apply to the court for a statutory order of review in relation to the failure to make the decision on the ground that there has been unreasonable delay in making the decision.
(sec.22-ssec.2) If— a person has a duty to make a decision to which this Act applies; and a law fixes a period within which the person is required to make the decision; and the person failed to make the decision before the end of the period; a person who is aggrieved by the failure of the person to make the decision within the period may apply to the court for a statutory order of review in relation to the failure to make the decision within the period on the ground that the person has a duty to make the decision despite the end of the period.
(sec.22-ssec.3) This section applies only to a decision required to be made after the commencement of this Act.
(a) a person has a duty to make a decision to which this Act applies; and
(b) there is no law that fixes a period within which the person is required to make the decision; and
(c) the person has failed to make the decision;
(a) a person has a duty to make a decision to which this Act applies; and
(b) a law fixes a period within which the person is required to make the decision; and
(c) the person failed to make the decision before the end of the period;
sec.23
Meaning of improper exercise of power (ss 20(2)(e) and 21(2)(e))
sec.23 Meaning of improper exercise of power (ss 20(2)(e) and 21(2)(e))
In sections 20 (2) (e) and 21 (2) (e) , a reference to an improper exercise of a power includes a reference to—
taking an irrelevant consideration into account in the exercise of a power; and
failing to take a relevant consideration into account in the exercise of a power; and
an exercise of a power for a purpose other than a purpose for which the power is conferred; and
an exercise of a discretionary power in bad faith; and
an exercise of a personal discretionary power at the direction or behest of another person; and
an exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the particular case; and
an exercise of a power that is so unreasonable that no reasonable person could so exercise the power; and
an exercise of a power in such a way that the result of the exercise of the power is uncertain; and
any other exercise of a power in a way that is an abuse of the power.
(a) taking an irrelevant consideration into account in the exercise of a power; and
(b) failing to take a relevant consideration into account in the exercise of a power; and
(c) an exercise of a power for a purpose other than a purpose for which the power is conferred; and
(d) an exercise of a discretionary power in bad faith; and
(e) an exercise of a personal discretionary power at the direction or behest of another person; and
(f) an exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the particular case; and
(g) an exercise of a power that is so unreasonable that no reasonable person could so exercise the power; and
(h) an exercise of a power in such a way that the result of the exercise of the power is uncertain; and
(i) any other exercise of a power in a way that is an abuse of the power.
sec.24
Decisions without justification—establishing ground (ss 20(2)(h) and 21(2)(h))
sec.24 Decisions without justification—establishing ground (ss 20(2)(h) and 21(2)(h))
The ground mentioned in sections 20 (2) (h) and 21 (2) (h) is not to be taken to be made out—
unless—
the person who made, or proposed to make, the decision was required by law to reach the decision only if a particular matter was or is established; and
there was no evidence or other material (including facts of which the person was or is entitled to take notice) from which the person could or can reasonably be satisfied that the matter was or is established; or
unless—
the person who made, or proposes to make, the decision based, or proposes to base, the decision on the existence of a particular fact; and
the fact did not or does not exist.
(a) unless— (i) the person who made, or proposed to make, the decision was required by law to reach the decision only if a particular matter was or is established; and (ii) there was no evidence or other material (including facts of which the person was or is entitled to take notice) from which the person could or can reasonably be satisfied that the matter was or is established; or
(i) the person who made, or proposed to make, the decision was required by law to reach the decision only if a particular matter was or is established; and
(ii) there was no evidence or other material (including facts of which the person was or is entitled to take notice) from which the person could or can reasonably be satisfied that the matter was or is established; or
(b) unless— (i) the person who made, or proposes to make, the decision based, or proposes to base, the decision on the existence of a particular fact; and (ii) the fact did not or does not exist.
(i) the person who made, or proposes to make, the decision based, or proposes to base, the decision on the existence of a particular fact; and
(ii) the fact did not or does not exist.
(i) the person who made, or proposed to make, the decision was required by law to reach the decision only if a particular matter was or is established; and
(ii) there was no evidence or other material (including facts of which the person was or is entitled to take notice) from which the person could or can reasonably be satisfied that the matter was or is established; or
(i) the person who made, or proposes to make, the decision based, or proposes to base, the decision on the existence of a particular fact; and
(ii) the fact did not or does not exist.
sec.25
Way of making application
sec.25 Way of making application
An application for a statutory order of review must—
be made in the way prescribed by rules of court; and
set out the grounds of the application; and
be lodged with a registry of the court.
(a) be made in the way prescribed by rules of court; and
(b) set out the grounds of the application; and
(c) be lodged with a registry of the court.
sec.26
Period within which application must be made
sec.26 Period within which application must be made
An application to the court for a statutory order of review in relation to a decision that has been made and the terms of which were recorded in writing and set out in a document that was given to the applicant (including a decision that a person purported to make after the end of the period within which it was required to be made) must be made within—
the period required by subsection (2) ; or
such further time as the court (whether before or after the end of that required period) allows.
The period within which an application for a statutory order of review is required to be made is the period beginning on the day on which the decision is made and ending 28 days after the relevant day.
If—
there is not a period prescribed for the making of an application for a statutory order of review in relation to a particular decision; or
there is not a period prescribed for the making of an application by a particular person for a statutory order of review in relation to a particular decision;
the court may take the following action if it is of the opinion that the application was not made within a reasonable time after the decision was made—
if paragraph (a) applies—refuse to consider an application for a statutory order of review in relation to the decision;
if paragraph (b) applies—refuse to consider an application by the person for a statutory order of review in relation to the decision.
In forming an opinion for the purposes of subsection (3) , the Court—
must have regard to—
the time when the applicant became aware of the decision; and
if subsection (3) (b) applies—the period prescribed for the making by another person of an application for a statutory order of review in relation to the decision; and
may have regard to such other matters as it considers relevant.
In subsection (2) —
relevant day means—
if the decision includes, or is accompanied by a statement giving, the reasons for the decision—the day on which a document setting out the terms of the decision is given to the applicant; or
if paragraph (a) does not apply and a written statement giving the reasons for the decision is given to the applicant (otherwise than because of a request under section 32 ) not later than 28 days after the day on which a document setting out the terms of the decision is given to the applicant—the day on which the statement is given; or
if paragraph (a) does not apply and the applicant requests the person who made the decision to give a statement under section 32 —the day on which—
the statement is given; or
the applicant is notified under section 33 (2) that the applicant was not entitled to make the request; or
the applicant is notified under section 33 (5) or 37 that the statement will not be given; or
the court makes an order under section 39 declaring that the applicant was not entitled to make the request; or
in any other case—the day on which a document setting out the terms of the decision is given to the applicant.
(sec.26-ssec.1) An application to the court for a statutory order of review in relation to a decision that has been made and the terms of which were recorded in writing and set out in a document that was given to the applicant (including a decision that a person purported to make after the end of the period within which it was required to be made) must be made within— the period required by subsection (2) ; or such further time as the court (whether before or after the end of that required period) allows.
(sec.26-ssec.2) The period within which an application for a statutory order of review is required to be made is the period beginning on the day on which the decision is made and ending 28 days after the relevant day.
(sec.26-ssec.3) If— there is not a period prescribed for the making of an application for a statutory order of review in relation to a particular decision; or there is not a period prescribed for the making of an application by a particular person for a statutory order of review in relation to a particular decision; the court may take the following action if it is of the opinion that the application was not made within a reasonable time after the decision was made— if paragraph (a) applies—refuse to consider an application for a statutory order of review in relation to the decision; if paragraph (b) applies—refuse to consider an application by the person for a statutory order of review in relation to the decision.
(sec.26-ssec.4) In forming an opinion for the purposes of subsection (3) , the Court— must have regard to— the time when the applicant became aware of the decision; and if subsection (3) (b) applies—the period prescribed for the making by another person of an application for a statutory order of review in relation to the decision; and may have regard to such other matters as it considers relevant.
(sec.26-ssec.5) In subsection (2) — relevant day means— if the decision includes, or is accompanied by a statement giving, the reasons for the decision—the day on which a document setting out the terms of the decision is given to the applicant; or if paragraph (a) does not apply and a written statement giving the reasons for the decision is given to the applicant (otherwise than because of a request under section 32 ) not later than 28 days after the day on which a document setting out the terms of the decision is given to the applicant—the day on which the statement is given; or if paragraph (a) does not apply and the applicant requests the person who made the decision to give a statement under section 32 —the day on which— the statement is given; or the applicant is notified under section 33 (2) that the applicant was not entitled to make the request; or the applicant is notified under section 33 (5) or 37 that the statement will not be given; or the court makes an order under section 39 declaring that the applicant was not entitled to make the request; or in any other case—the day on which a document setting out the terms of the decision is given to the applicant.
(a) the period required by subsection (2) ; or
(b) such further time as the court (whether before or after the end of that required period) allows.
(a) there is not a period prescribed for the making of an application for a statutory order of review in relation to a particular decision; or
(b) there is not a period prescribed for the making of an application by a particular person for a statutory order of review in relation to a particular decision;
(c) if paragraph (a) applies—refuse to consider an application for a statutory order of review in relation to the decision;
(d) if paragraph (b) applies—refuse to consider an application by the person for a statutory order of review in relation to the decision.
(a) must have regard to— (i) the time when the applicant became aware of the decision; and (ii) if subsection (3) (b) applies—the period prescribed for the making by another person of an application for a statutory order of review in relation to the decision; and
(i) the time when the applicant became aware of the decision; and
(ii) if subsection (3) (b) applies—the period prescribed for the making by another person of an application for a statutory order of review in relation to the decision; and
(b) may have regard to such other matters as it considers relevant.
(i) the time when the applicant became aware of the decision; and
(ii) if subsection (3) (b) applies—the period prescribed for the making by another person of an application for a statutory order of review in relation to the decision; and
(a) if the decision includes, or is accompanied by a statement giving, the reasons for the decision—the day on which a document setting out the terms of the decision is given to the applicant; or
(b) if paragraph (a) does not apply and a written statement giving the reasons for the decision is given to the applicant (otherwise than because of a request under section 32 ) not later than 28 days after the day on which a document setting out the terms of the decision is given to the applicant—the day on which the statement is given; or
(c) if paragraph (a) does not apply and the applicant requests the person who made the decision to give a statement under section 32 —the day on which— (i) the statement is given; or (ii) the applicant is notified under section 33 (2) that the applicant was not entitled to make the request; or (iii) the applicant is notified under section 33 (5) or 37 that the statement will not be given; or (iv) the court makes an order under section 39 declaring that the applicant was not entitled to make the request; or
(i) the statement is given; or
(ii) the applicant is notified under section 33 (2) that the applicant was not entitled to make the request; or
(iii) the applicant is notified under section 33 (5) or 37 that the statement will not be given; or
(iv) the court makes an order under section 39 declaring that the applicant was not entitled to make the request; or
(d) in any other case—the day on which a document setting out the terms of the decision is given to the applicant.
(i) the statement is given; or
(ii) the applicant is notified under section 33 (2) that the applicant was not entitled to make the request; or
(iii) the applicant is notified under section 33 (5) or 37 that the statement will not be given; or
(iv) the court makes an order under section 39 declaring that the applicant was not entitled to make the request; or
sec.27
Applicant not limited to grounds in application
sec.27 Applicant not limited to grounds in application
The applicant for a statutory order of review is not limited to the grounds set out in the application but, if the applicant wishes to rely on a ground not set out in the application, the court may direct that the application be amended to specify the ground.
sec.28
Application to be made party to proceeding
sec.28 Application to be made party to proceeding
If—
a person is interested in—
a decision; or
conduct (including conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision); or
a failure to make a decision or perform a duty according to law; and
an application has been made to the court under this Act in relation to the decision, conduct or failure;
the person may apply to the court to be made a party to the application.
The court may grant or refuse the application.
(sec.28-ssec.1) If— a person is interested in— a decision; or conduct (including conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision); or a failure to make a decision or perform a duty according to law; and an application has been made to the court under this Act in relation to the decision, conduct or failure; the person may apply to the court to be made a party to the application.
(sec.28-ssec.2) The court may grant or refuse the application.
(a) a person is interested in— (i) a decision; or (ii) conduct (including conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision); or (iii) a failure to make a decision or perform a duty according to law; and
(i) a decision; or
(ii) conduct (including conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision); or
(iii) a failure to make a decision or perform a duty according to law; and
(b) an application has been made to the court under this Act in relation to the decision, conduct or failure;
(i) a decision; or
(ii) conduct (including conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision); or
(iii) a failure to make a decision or perform a duty according to law; and
sec.29
Stay of decision
sec.29 Stay of decision
The making of an application to the court under section 20 in relation to a decision does not—
affect the operation of the decision; or
prevent the taking of action to implement the decision.
Despite subsection (1) , the court or a judge—
may, by order, suspend the operation of the decision; and
may order a stay of any proceeding under the decision.
The court or judge may make the order—
of the court’s or judge’s own motion; or
on the application of the person who made the application.
(sec.29-ssec.1) The making of an application to the court under section 20 in relation to a decision does not— affect the operation of the decision; or prevent the taking of action to implement the decision.
(sec.29-ssec.2) Despite subsection (1) , the court or a judge— may, by order, suspend the operation of the decision; and may order a stay of any proceeding under the decision.
(sec.29-ssec.3) The court or judge may make the order— of the court’s or judge’s own motion; or on the application of the person who made the application.
(a) affect the operation of the decision; or
(b) prevent the taking of action to implement the decision.
(a) may, by order, suspend the operation of the decision; and
(b) may order a stay of any proceeding under the decision.
(a) of the court’s or judge’s own motion; or
(b) on the application of the person who made the application.
sec.30
Powers of the court in relation to applications for order of review
sec.30 Powers of the court in relation to applications for order of review
On an application for a statutory order of review in relation to a decision, the court may make all or any of the following orders—
an order quashing or setting aside the decision, or a part of the decision, with effect from—
the day of the making of the order; or
if the court specifies the day of effect—the day specified by the court (which may be before or after the day of the making of the order);
an order referring the matter to which the decision relates to the person who made the decision for further consideration, subject to such directions (including the setting of time limits for the further consideration, and for preparatory steps in the further consideration) as the court determines;
an order declaring the rights of the parties in relation to any matter to which the decision relates;
an order directing any of the parties to do, or to refrain from doing, anything that the court considers necessary to do justice between the parties.
On an application for a statutory order of review in relation to conduct that has been, is being, or is proposed to be, engaged in for the purpose of the making of a decision, the court may make either or both of the following orders—
an order declaring the rights of the parties in relation to any matter to which the conduct relates;
an order directing any of the parties to do, or to refrain from doing, anything that the court considers necessary to do justice between the parties.
On an application for a statutory order of review in relation to a failure to make a decision, or in relation to a failure to make a decision within the period within which the decision was required to be made, the court may make all or any of the following orders—
an order directing the making of the decision;
an order declaring the rights of the parties in relation to the making of the decision;
an order directing any of the parties to do, or to refrain from doing, anything that the court considers necessary to do justice between the parties.
The court may, at any time, of its own motion or on the application of a party, revoke, vary, or suspend the operation of, an order made by it under this section.
(sec.30-ssec.1) On an application for a statutory order of review in relation to a decision, the court may make all or any of the following orders— an order quashing or setting aside the decision, or a part of the decision, with effect from— the day of the making of the order; or if the court specifies the day of effect—the day specified by the court (which may be before or after the day of the making of the order); an order referring the matter to which the decision relates to the person who made the decision for further consideration, subject to such directions (including the setting of time limits for the further consideration, and for preparatory steps in the further consideration) as the court determines; an order declaring the rights of the parties in relation to any matter to which the decision relates; an order directing any of the parties to do, or to refrain from doing, anything that the court considers necessary to do justice between the parties.
(sec.30-ssec.2) On an application for a statutory order of review in relation to conduct that has been, is being, or is proposed to be, engaged in for the purpose of the making of a decision, the court may make either or both of the following orders— an order declaring the rights of the parties in relation to any matter to which the conduct relates; an order directing any of the parties to do, or to refrain from doing, anything that the court considers necessary to do justice between the parties.
(sec.30-ssec.3) On an application for a statutory order of review in relation to a failure to make a decision, or in relation to a failure to make a decision within the period within which the decision was required to be made, the court may make all or any of the following orders— an order directing the making of the decision; an order declaring the rights of the parties in relation to the making of the decision; an order directing any of the parties to do, or to refrain from doing, anything that the court considers necessary to do justice between the parties.
(sec.30-ssec.4) The court may, at any time, of its own motion or on the application of a party, revoke, vary, or suspend the operation of, an order made by it under this section.
(a) an order quashing or setting aside the decision, or a part of the decision, with effect from— (i) the day of the making of the order; or (ii) if the court specifies the day of effect—the day specified by the court (which may be before or after the day of the making of the order);
(i) the day of the making of the order; or
(ii) if the court specifies the day of effect—the day specified by the court (which may be before or after the day of the making of the order);
(b) an order referring the matter to which the decision relates to the person who made the decision for further consideration, subject to such directions (including the setting of time limits for the further consideration, and for preparatory steps in the further consideration) as the court determines;
(c) an order declaring the rights of the parties in relation to any matter to which the decision relates;
(d) an order directing any of the parties to do, or to refrain from doing, anything that the court considers necessary to do justice between the parties.
(i) the day of the making of the order; or
(ii) if the court specifies the day of effect—the day specified by the court (which may be before or after the day of the making of the order);
(a) an order declaring the rights of the parties in relation to any matter to which the conduct relates;
(b) an order directing any of the parties to do, or to refrain from doing, anything that the court considers necessary to do justice between the parties.
(a) an order directing the making of the decision;
(b) an order declaring the rights of the parties in relation to the making of the decision;
(c) an order directing any of the parties to do, or to refrain from doing, anything that the court considers necessary to do justice between the parties.
pt.4
Reasons for decision
Reasons for decision
sec.31
Decision to which part applies
sec.31 Decision to which part applies
In this part—
decision to which this part applies means a decision that is a decision to which this Act applies, but does not include—
a decision that includes, or is accompanied by a statement, giving the reasons for the decision; or
a decision included in a class of decisions set out in schedule 2 .
(a) a decision that includes, or is accompanied by a statement, giving the reasons for the decision; or
(b) a decision included in a class of decisions set out in schedule 2 .
sec.32
Request for statement of reasons
sec.32 Request for statement of reasons
If a person makes a decision to which this part applies, a person who is entitled to make an application to the court under section 20 in relation to the decision may request the person to provide a written statement in relation to the decision.
The request must be made by written notice given to—
if the decision was made by the Governor in Council or by Cabinet—the Minister responsible for the administration of the enactment, or the scheme or program, under which the decision was made; or
in any other case—the person who made the decision.
(sec.32-ssec.1) If a person makes a decision to which this part applies, a person who is entitled to make an application to the court under section 20 in relation to the decision may request the person to provide a written statement in relation to the decision.
(sec.32-ssec.2) The request must be made by written notice given to— if the decision was made by the Governor in Council or by Cabinet—the Minister responsible for the administration of the enactment, or the scheme or program, under which the decision was made; or in any other case—the person who made the decision.
(a) if the decision was made by the Governor in Council or by Cabinet—the Minister responsible for the administration of the enactment, or the scheme or program, under which the decision was made; or
(b) in any other case—the person who made the decision.
sec.33
Decision-maker must comply with request except in certain circumstances
sec.33 Decision-maker must comply with request except in certain circumstances
Subject to this section, a person to whom a request is made under section 32 (the decision-maker ) must, as soon as practicable, and, in any event, within 28 days after receiving the request, provide the statement to the person who made the request (the requester ).
If the decision-maker is of the opinion that the requester was not entitled to make the request, the decision-maker may, within 28 days after receiving the request—
give to the requester written notice of the decision-maker’s opinion; or
apply to the Court under section 39 for an order declaring that the requester was not entitled to make the request.
If the decision-maker gives a notice under subsection (2) or applies to the court under section 39 , the decision-maker is not required to comply with the request unless—
the court, on an application under section 38 , orders the decision-maker to give the statement; or
the decision-maker has applied to the court under section 39 for an order declaring that the requester was not entitled to make the request and the court refuses the application.
The decision-maker may refuse to prepare and give the statement if—
in the case of a decision the terms of which were recorded in writing and set out in a document that was given to the requester—the relevant request was not made within 28 days after the day on which the document was given; or
in any other case—the relevant request was not made within a reasonable time after the decision was made.
If subsection (4) (a) or (b) applies to the decision-maker, the decision-maker must give to the requester, within 14 days after receiving the relevant request, written notice stating—
that the statement will not be given to the requester; and
the reasons why it will not be given.
For the purposes of subsection (4) (b) , a request for a statement in relation to a decision is taken to have been made within a reasonable time after the decision was made if the court, on application by the requester, declares that the request was made within a reasonable time after the decision was made.
s 33 amd 1992 No. 36 s 2 sch 2
(sec.33-ssec.1) Subject to this section, a person to whom a request is made under section 32 (the decision-maker ) must, as soon as practicable, and, in any event, within 28 days after receiving the request, provide the statement to the person who made the request (the requester ).
(sec.33-ssec.2) If the decision-maker is of the opinion that the requester was not entitled to make the request, the decision-maker may, within 28 days after receiving the request— give to the requester written notice of the decision-maker’s opinion; or apply to the Court under section 39 for an order declaring that the requester was not entitled to make the request.
(sec.33-ssec.3) If the decision-maker gives a notice under subsection (2) or applies to the court under section 39 , the decision-maker is not required to comply with the request unless— the court, on an application under section 38 , orders the decision-maker to give the statement; or the decision-maker has applied to the court under section 39 for an order declaring that the requester was not entitled to make the request and the court refuses the application.
(sec.33-ssec.4) The decision-maker may refuse to prepare and give the statement if— in the case of a decision the terms of which were recorded in writing and set out in a document that was given to the requester—the relevant request was not made within 28 days after the day on which the document was given; or in any other case—the relevant request was not made within a reasonable time after the decision was made.
(sec.33-ssec.5) If subsection (4) (a) or (b) applies to the decision-maker, the decision-maker must give to the requester, within 14 days after receiving the relevant request, written notice stating— that the statement will not be given to the requester; and the reasons why it will not be given.
(sec.33-ssec.6) For the purposes of subsection (4) (b) , a request for a statement in relation to a decision is taken to have been made within a reasonable time after the decision was made if the court, on application by the requester, declares that the request was made within a reasonable time after the decision was made.
(a) give to the requester written notice of the decision-maker’s opinion; or
(b) apply to the Court under section 39 for an order declaring that the requester was not entitled to make the request.
(a) the court, on an application under section 38 , orders the decision-maker to give the statement; or
(b) the decision-maker has applied to the court under section 39 for an order declaring that the requester was not entitled to make the request and the court refuses the application.
(a) in the case of a decision the terms of which were recorded in writing and set out in a document that was given to the requester—the relevant request was not made within 28 days after the day on which the document was given; or
(b) in any other case—the relevant request was not made within a reasonable time after the decision was made.
(a) that the statement will not be given to the requester; and
(b) the reasons why it will not be given.
sec.34
Content of statement
sec.34 Content of statement
The statement must contain the reasons for the decision.
s 34 sub 1992 No. 68 s 3 sch 1
sec.35
Exception for information relating to personal or business affairs
sec.35 Exception for information relating to personal or business affairs
This section applies to information to which a request made to a person under section 32 relates if the information—
relates to the personal affairs or business affairs of a person, other than the person making the request; and
is of a confidential nature.
For the purposes of subsection (1) , information is taken to be of a confidential nature if the information is information—
that was supplied in confidence and continues to retain its confidential character; or
the publication of which would reveal a trade secret; or
the publication of which would, or could reasonably be expected to, adversely affect a State authority or local government authority in relation to its competitive commercial activities; or
that was given under a duty imposed by an enactment; or
the giving of which under the request would be in contravention of an enactment that expressly imposes on the person to whom the request is made a duty not to divulge or communicate information of that kind—
to a person; or
to a person, other than a person included in a class of persons prescribed by regulation; or
except in circumstances prescribed by regulation.
Section 37 specifies the consequences of this section applying to information.
(sec.35-ssec.1) This section applies to information to which a request made to a person under section 32 relates if the information— relates to the personal affairs or business affairs of a person, other than the person making the request; and is of a confidential nature.
(sec.35-ssec.2) For the purposes of subsection (1) , information is taken to be of a confidential nature if the information is information— that was supplied in confidence and continues to retain its confidential character; or the publication of which would reveal a trade secret; or the publication of which would, or could reasonably be expected to, adversely affect a State authority or local government authority in relation to its competitive commercial activities; or that was given under a duty imposed by an enactment; or the giving of which under the request would be in contravention of an enactment that expressly imposes on the person to whom the request is made a duty not to divulge or communicate information of that kind— to a person; or to a person, other than a person included in a class of persons prescribed by regulation; or except in circumstances prescribed by regulation.
(sec.35-ssec.3) Section 37 specifies the consequences of this section applying to information.
(a) relates to the personal affairs or business affairs of a person, other than the person making the request; and
(b) is of a confidential nature.
(a) that was supplied in confidence and continues to retain its confidential character; or
(b) the publication of which would reveal a trade secret; or
(c) the publication of which would, or could reasonably be expected to, adversely affect a State authority or local government authority in relation to its competitive commercial activities; or
(d) that was given under a duty imposed by an enactment; or
(e) the giving of which under the request would be in contravention of an enactment that expressly imposes on the person to whom the request is made a duty not to divulge or communicate information of that kind— (i) to a person; or (ii) to a person, other than a person included in a class of persons prescribed by regulation; or (iii) except in circumstances prescribed by regulation.
(i) to a person; or
(ii) to a person, other than a person included in a class of persons prescribed by regulation; or
(iii) except in circumstances prescribed by regulation.
(i) to a person; or
(ii) to a person, other than a person included in a class of persons prescribed by regulation; or
(iii) except in circumstances prescribed by regulation.
sec.36
Exception for information covered by Attorney-General’s certificate
sec.36 Exception for information covered by Attorney-General’s certificate
This section applies to information relating to a matter if the Attorney-General certifies, by signed writing, that the disclosure of information relating to the matter would be contrary to the public interest—
because it would involve the disclosure of deliberations or a decision of Cabinet or a Committee of Cabinet; or
for any other specified reason that could form the basis for a claim in a judicial proceeding that the information should not be disclosed.
Section 37 specifies the consequences of this section applying to information.
(sec.36-ssec.1) This section applies to information relating to a matter if the Attorney-General certifies, by signed writing, that the disclosure of information relating to the matter would be contrary to the public interest— because it would involve the disclosure of deliberations or a decision of Cabinet or a Committee of Cabinet; or for any other specified reason that could form the basis for a claim in a judicial proceeding that the information should not be disclosed.
(sec.36-ssec.2) Section 37 specifies the consequences of this section applying to information.
(a) because it would involve the disclosure of deliberations or a decision of Cabinet or a Committee of Cabinet; or
(b) for any other specified reason that could form the basis for a claim in a judicial proceeding that the information should not be disclosed.
sec.37
Consequences of s 35 or 36 applying to information
sec.37 Consequences of s 35 or 36 applying to information
If a person has been requested under section 32 to give a statement to a person—
the person to whom the request is made is not required to include in the statement any information in relation to which section 35 or 36 applies; and
if the statement would be false or misleading if it did not include the information—the person is not required to give the statement.
If, because of subsection (1) —
information is not included in a statement given by a person; or
a statement is not given by a person;
the person must give written notice relating to the request to the person who made the request.
The notice must state—
if subsection (1) (a) applies—
that the information is not included; and
the reason for not including the information; and
if subsection (1) (b) applies—
that the statement will not be given; and
the reason for not giving the statement.
The notice must be given—
if subsection (1) (a) applies—at the time the statement is given; or
if subsection (1) (b) applies—as soon as practicable and, in any event, within 28 days after receiving the request.
Nothing in this section affects the power of the court—
to make an order for the discovery of documents; or
to require the giving of evidence or the production of documents to the court.
(sec.37-ssec.1) If a person has been requested under section 32 to give a statement to a person— the person to whom the request is made is not required to include in the statement any information in relation to which section 35 or 36 applies; and if the statement would be false or misleading if it did not include the information—the person is not required to give the statement.
(sec.37-ssec.2) If, because of subsection (1) — information is not included in a statement given by a person; or a statement is not given by a person; the person must give written notice relating to the request to the person who made the request.
(sec.37-ssec.3) The notice must state— if subsection (1) (a) applies— that the information is not included; and the reason for not including the information; and if subsection (1) (b) applies— that the statement will not be given; and the reason for not giving the statement.
(sec.37-ssec.4) The notice must be given— if subsection (1) (a) applies—at the time the statement is given; or if subsection (1) (b) applies—as soon as practicable and, in any event, within 28 days after receiving the request.
(sec.37-ssec.5) Nothing in this section affects the power of the court— to make an order for the discovery of documents; or to require the giving of evidence or the production of documents to the court.
(a) the person to whom the request is made is not required to include in the statement any information in relation to which section 35 or 36 applies; and
(b) if the statement would be false or misleading if it did not include the information—the person is not required to give the statement.
(a) information is not included in a statement given by a person; or
(b) a statement is not given by a person;
(a) if subsection (1) (a) applies— (i) that the information is not included; and (ii) the reason for not including the information; and
(i) that the information is not included; and
(ii) the reason for not including the information; and
(b) if subsection (1) (b) applies— (i) that the statement will not be given; and (ii) the reason for not giving the statement.
(i) that the statement will not be given; and
(ii) the reason for not giving the statement.
(i) that the information is not included; and
(ii) the reason for not including the information; and
(i) that the statement will not be given; and
(ii) the reason for not giving the statement.
(a) if subsection (1) (a) applies—at the time the statement is given; or
(b) if subsection (1) (b) applies—as soon as practicable and, in any event, within 28 days after receiving the request.
(a) to make an order for the discovery of documents; or
(b) to require the giving of evidence or the production of documents to the court.
sec.38
Application for order to comply
sec.38 Application for order to comply
If—
a person (the requester ) makes a request under section 32 to a person (the decision-maker ) for a written statement in relation to a decision; and
the decision-maker does not comply with the request, or apply to the court under section 39 in relation to the request, within 28 days after receiving the request;
the requester may apply to the court for an order under this section.
If the court considers that the requester was entitled to make the request, the court may order the decision-maker to give the statement within a specified period.
(sec.38-ssec.1) If— a person (the requester ) makes a request under section 32 to a person (the decision-maker ) for a written statement in relation to a decision; and the decision-maker does not comply with the request, or apply to the court under section 39 in relation to the request, within 28 days after receiving the request; the requester may apply to the court for an order under this section.
(sec.38-ssec.2) If the court considers that the requester was entitled to make the request, the court may order the decision-maker to give the statement within a specified period.
(a) a person (the requester ) makes a request under section 32 to a person (the decision-maker ) for a written statement in relation to a decision; and
(b) the decision-maker does not comply with the request, or apply to the court under section 39 in relation to the request, within 28 days after receiving the request;
sec.39
Application for order that person not entitled to statement
sec.39 Application for order that person not entitled to statement
If—
a person (the decision-maker ) receives a request under section 32 from a person (the requester ) for a written statement in relation to a decision; and
the decision-maker is of the opinion that the requester is not entitled to make the request;
the decision-maker may apply to the court for an order under this section declaring that the requester was not entitled to make the request.
If the court considers that the requester was not entitled to make the request, the court may, by order, declare accordingly, but otherwise the court must refuse the application.
If the court refuses the application, the decision-maker must—
prepare the statement to which the request relates; and
give it to the requester within 28 days after the court’s decision.
(sec.39-ssec.1) If— a person (the decision-maker ) receives a request under section 32 from a person (the requester ) for a written statement in relation to a decision; and the decision-maker is of the opinion that the requester is not entitled to make the request; the decision-maker may apply to the court for an order under this section declaring that the requester was not entitled to make the request.
(sec.39-ssec.2) If the court considers that the requester was not entitled to make the request, the court may, by order, declare accordingly, but otherwise the court must refuse the application.
(sec.39-ssec.3) If the court refuses the application, the decision-maker must— prepare the statement to which the request relates; and give it to the requester within 28 days after the court’s decision.
(a) a person (the decision-maker ) receives a request under section 32 from a person (the requester ) for a written statement in relation to a decision; and
(b) the decision-maker is of the opinion that the requester is not entitled to make the request;
(a) prepare the statement to which the request relates; and
(b) give it to the requester within 28 days after the court’s decision.
sec.40
Application for further statement
sec.40 Application for further statement
A person to whom a statement has been given under section 33 (the requester ) may apply to the court for an order under this section against the person who gave the statement (the decision-maker ).
If the court considers that the statement does not contain adequate particulars of the reasons for the decision, the court may order the decision-maker to give to the requester, within a specified period, an additional statement containing further and better particulars in relation to specified matters or a further statement under section 33 .
(sec.40-ssec.1) A person to whom a statement has been given under section 33 (the requester ) may apply to the court for an order under this section against the person who gave the statement (the decision-maker ).
(sec.40-ssec.2) If the court considers that the statement does not contain adequate particulars of the reasons for the decision, the court may order the decision-maker to give to the requester, within a specified period, an additional statement containing further and better particulars in relation to specified matters or a further statement under section 33 .
pt.5
Prerogative orders and injunctions
Prerogative orders and injunctions
sec.41
Certain prerogative writs not to be issued
sec.41 Certain prerogative writs not to be issued
The prerogative writs of mandamus, prohibition or certiorari are no longer to be issued by the Court.
If, before the commencement of this Act, the court had jurisdiction to grant any relief or remedy by way of a writ of mandamus, prohibition or certiorari, the court continues to have the jurisdiction to grant the relief or remedy, but must grant the relief or remedy by making an order, the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for subsection (1) , have been granted by way of such a writ.
In an enactment in force immediately before the commencement of this Act, a reference to a writ of mandamus, prohibition or certiorari is taken to be a reference to an order of a kind that the court is empowered to make under this section.
(sec.41-ssec.1) The prerogative writs of mandamus, prohibition or certiorari are no longer to be issued by the Court.
(sec.41-ssec.2) If, before the commencement of this Act, the court had jurisdiction to grant any relief or remedy by way of a writ of mandamus, prohibition or certiorari, the court continues to have the jurisdiction to grant the relief or remedy, but must grant the relief or remedy by making an order, the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for subsection (1) , have been granted by way of such a writ.
(sec.41-ssec.3) In an enactment in force immediately before the commencement of this Act, a reference to a writ of mandamus, prohibition or certiorari is taken to be a reference to an order of a kind that the court is empowered to make under this section.
sec.42
Abolition of quo warranto
sec.42 Abolition of quo warranto
Informations in the nature of quo warranto are abolished.
If—
a person acts in an office in which the person is not entitled to act; and
an information in the nature of quo warranto would, but for subsection (1) , lie against the person;
the court may—
grant an injunction restraining the person from acting in the office; and
declare the office to be vacant.
In an enactment in force immediately before the commencement of this Act, a reference to an information in the nature of quo warranto is taken to be a reference to an injunction of the kind that the court is empowered to grant under this section.
(sec.42-ssec.1) Informations in the nature of quo warranto are abolished.
(sec.42-ssec.2) If— a person acts in an office in which the person is not entitled to act; and an information in the nature of quo warranto would, but for subsection (1) , lie against the person; the court may— grant an injunction restraining the person from acting in the office; and declare the office to be vacant.
(sec.42-ssec.3) In an enactment in force immediately before the commencement of this Act, a reference to an information in the nature of quo warranto is taken to be a reference to an injunction of the kind that the court is empowered to grant under this section.
(a) a person acts in an office in which the person is not entitled to act; and
(b) an information in the nature of quo warranto would, but for subsection (1) , lie against the person;
(c) grant an injunction restraining the person from acting in the office; and
(d) declare the office to be vacant.
sec.43
Application for review
sec.43 Application for review
An application for—
a prerogative order; or
a prerogative injunction;
must be made by way of an application for review.
An application for a declaration or injunction (other than a prerogative injunction)—
may be made by way of an application for review if it would be appropriate to do so having regard to—
the nature of the matters in relation to which relief may be sought; or
the nature of the persons against whom relief may be sought;
in an application for a prerogative order or prerogative injunction; and
may be made by way of an application for review, whether or not a prerogative order or prerogative injunction is sought in the application.
If—
an application for a declaration or injunction (other than a prerogative injunction) is made under subsection (2) ; and
the court considers—
that the relief sought should not be granted on an application for review; and
that the relief may have been granted if it had been sought in an action begun by writ of summons or originating summons by the applicant at the time of starting the application for review;
the court may, instead of refusing the application, order the proceeding to continue as if it had been begun in the way mentioned in paragraph (b) (ii) .
(sec.43-ssec.1) An application for— a prerogative order; or a prerogative injunction; must be made by way of an application for review.
(sec.43-ssec.2) An application for a declaration or injunction (other than a prerogative injunction)— may be made by way of an application for review if it would be appropriate to do so having regard to— the nature of the matters in relation to which relief may be sought; or the nature of the persons against whom relief may be sought; in an application for a prerogative order or prerogative injunction; and may be made by way of an application for review, whether or not a prerogative order or prerogative injunction is sought in the application.
(sec.43-ssec.3) If— an application for a declaration or injunction (other than a prerogative injunction) is made under subsection (2) ; and the court considers— that the relief sought should not be granted on an application for review; and that the relief may have been granted if it had been sought in an action begun by writ of summons or originating summons by the applicant at the time of starting the application for review; the court may, instead of refusing the application, order the proceeding to continue as if it had been begun in the way mentioned in paragraph (b) (ii) .
(a) a prerogative order; or
(b) a prerogative injunction;
(a) may be made by way of an application for review if it would be appropriate to do so having regard to— (i) the nature of the matters in relation to which relief may be sought; or (ii) the nature of the persons against whom relief may be sought; in an application for a prerogative order or prerogative injunction; and
(i) the nature of the matters in relation to which relief may be sought; or
(ii) the nature of the persons against whom relief may be sought;
(b) may be made by way of an application for review, whether or not a prerogative order or prerogative injunction is sought in the application.
(i) the nature of the matters in relation to which relief may be sought; or
(ii) the nature of the persons against whom relief may be sought;
(a) an application for a declaration or injunction (other than a prerogative injunction) is made under subsection (2) ; and
(b) the court considers— (i) that the relief sought should not be granted on an application for review; and (ii) that the relief may have been granted if it had been sought in an action begun by writ of summons or originating summons by the applicant at the time of starting the application for review;
(i) that the relief sought should not be granted on an application for review; and
(ii) that the relief may have been granted if it had been sought in an action begun by writ of summons or originating summons by the applicant at the time of starting the application for review;
(i) that the relief sought should not be granted on an application for review; and
(ii) that the relief may have been granted if it had been sought in an action begun by writ of summons or originating summons by the applicant at the time of starting the application for review;
sec.44
Who may make application
sec.44 Who may make application
A person is entitled to make an application for review if the person’s interests are, or would be, adversely affected in or by the matter to which the application relates.
sec.45
Way of making application
sec.45 Way of making application
An application for review must—
be made in the way prescribed by rules of court; and
set out the grounds of the application; and
be lodged with a registry of the court.
(a) be made in the way prescribed by rules of court; and
(b) set out the grounds of the application; and
(c) be lodged with a registry of the court.
sec.46
Time of making application
sec.46 Time of making application
Subject to any other enactment, an application for review must be made—
as soon as possible and, in any event, within 3 months after the day on which the grounds for the application arose; or
if the court extends the period of 3 months—before the end of the extended period.
If the relief sought in an application for review is a certiorari order in relation to any judgment, order, conviction or other proceeding, the day on which the grounds for the application arose is, for the purposes of subsection (1) , taken to be the day of the making of the judgment, order, conviction or other proceeding.
(sec.46-ssec.1) Subject to any other enactment, an application for review must be made— as soon as possible and, in any event, within 3 months after the day on which the grounds for the application arose; or if the court extends the period of 3 months—before the end of the extended period.
(sec.46-ssec.2) If the relief sought in an application for review is a certiorari order in relation to any judgment, order, conviction or other proceeding, the day on which the grounds for the application arose is, for the purposes of subsection (1) , taken to be the day of the making of the judgment, order, conviction or other proceeding.
(a) as soon as possible and, in any event, within 3 months after the day on which the grounds for the application arose; or
(b) if the court extends the period of 3 months—before the end of the extended period.
sec.47
Powers of court
sec.47 Powers of court
The court may grant the declaration or injunction sought in an application under section 43 instead of, or in addition to, a prerogative order if it considers it would be just and convenient to do so having regard to—
the nature of the matters in relation to which relief may be granted by way of a prerogative order; and
the nature of the persons against whom relief may be granted by way of a prerogative order; and
all the circumstances of the case.
On an application for review—
any relief mentioned in section 43 (1) or (2) may be sought instead of, or in addition to, any other relief mentioned if it relates to the same matter; or
the court may grant the relief it considers the most appropriate available under this section, even if it is not included in the application.
If—
the relief sought in an application for review is a certiorari order; and
the court is satisfied that there are grounds for setting aside the decision to which the application relates;
the court may, in addition to setting aside the decision, remit the matter to the court, tribunal, person or body concerned for further consideration, subject to such directions (including the setting of time limits for the further consideration, and for preparatory steps in the further consideration) as the court considers appropriate.
If the relief sought in an application for review is a certiorari order or prohibition order, the court may—
by order, suspend the operation of a decision or order of a court, tribunal, authority or person to which the application relates until further order of the court; or
order a stay of the proceedings to which the application relates until—
the determination of the application; or
such other time as the court orders.
(sec.47-ssec.1) The court may grant the declaration or injunction sought in an application under section 43 instead of, or in addition to, a prerogative order if it considers it would be just and convenient to do so having regard to— the nature of the matters in relation to which relief may be granted by way of a prerogative order; and the nature of the persons against whom relief may be granted by way of a prerogative order; and all the circumstances of the case.
(sec.47-ssec.2) On an application for review— any relief mentioned in section 43 (1) or (2) may be sought instead of, or in addition to, any other relief mentioned if it relates to the same matter; or the court may grant the relief it considers the most appropriate available under this section, even if it is not included in the application.
(sec.47-ssec.3) If— the relief sought in an application for review is a certiorari order; and the court is satisfied that there are grounds for setting aside the decision to which the application relates; the court may, in addition to setting aside the decision, remit the matter to the court, tribunal, person or body concerned for further consideration, subject to such directions (including the setting of time limits for the further consideration, and for preparatory steps in the further consideration) as the court considers appropriate.
(sec.47-ssec.4) If the relief sought in an application for review is a certiorari order or prohibition order, the court may— by order, suspend the operation of a decision or order of a court, tribunal, authority or person to which the application relates until further order of the court; or order a stay of the proceedings to which the application relates until— the determination of the application; or such other time as the court orders.
(a) the nature of the matters in relation to which relief may be granted by way of a prerogative order; and
(b) the nature of the persons against whom relief may be granted by way of a prerogative order; and
(c) all the circumstances of the case.
(a) any relief mentioned in section 43 (1) or (2) may be sought instead of, or in addition to, any other relief mentioned if it relates to the same matter; or
(b) the court may grant the relief it considers the most appropriate available under this section, even if it is not included in the application.
(a) the relief sought in an application for review is a certiorari order; and
(b) the court is satisfied that there are grounds for setting aside the decision to which the application relates;
(a) by order, suspend the operation of a decision or order of a court, tribunal, authority or person to which the application relates until further order of the court; or
(b) order a stay of the proceedings to which the application relates until— (i) the determination of the application; or (ii) such other time as the court orders.
(i) the determination of the application; or
(ii) such other time as the court orders.
(i) the determination of the application; or
(ii) such other time as the court orders.
pt.6
Miscellaneous
Miscellaneous
sec.48
Power of the court to stay or dismiss applications in certain circumstances
sec.48 Power of the court to stay or dismiss applications in certain circumstances
The court may stay or dismiss an application under section 20 , 21 , 22 or 43 or a claim for relief in such an application, if the court considers that—
it would be inappropriate—
for proceedings in relation to the application or claim to be continued; or
to grant the application or claim; or
no reasonable basis for the application or claim is disclosed; or
the application or claim is frivolous or vexatious; or
the application or claim is an abuse of the process of the court.
A power of the court under this section—
must be exercised by order; and
may be exercised at any time in the relevant proceeding but, in relation to the power to dismiss an application, the court must try to ensure that any exercise of the power happens at the earliest appropriate time.
The court may make an order under this section—
of its own motion; or
on an application by a party to the proceeding.
The court may receive evidence on the hearing of an application for an order under this section.
An appeal may be brought from an order under this section only with the leave of the Court of Appeal.
(sec.48-ssec.1) The court may stay or dismiss an application under section 20 , 21 , 22 or 43 or a claim for relief in such an application, if the court considers that— it would be inappropriate— for proceedings in relation to the application or claim to be continued; or to grant the application or claim; or no reasonable basis for the application or claim is disclosed; or the application or claim is frivolous or vexatious; or the application or claim is an abuse of the process of the court.
(sec.48-ssec.2) A power of the court under this section— must be exercised by order; and may be exercised at any time in the relevant proceeding but, in relation to the power to dismiss an application, the court must try to ensure that any exercise of the power happens at the earliest appropriate time.
(sec.48-ssec.3) The court may make an order under this section— of its own motion; or on an application by a party to the proceeding.
(sec.48-ssec.4) The court may receive evidence on the hearing of an application for an order under this section.
(sec.48-ssec.5) An appeal may be brought from an order under this section only with the leave of the Court of Appeal.
(a) it would be inappropriate— (i) for proceedings in relation to the application or claim to be continued; or (ii) to grant the application or claim; or
(i) for proceedings in relation to the application or claim to be continued; or
(ii) to grant the application or claim; or
(b) no reasonable basis for the application or claim is disclosed; or
(c) the application or claim is frivolous or vexatious; or
(d) the application or claim is an abuse of the process of the court.
(i) for proceedings in relation to the application or claim to be continued; or
(ii) to grant the application or claim; or
(a) must be exercised by order; and
(b) may be exercised at any time in the relevant proceeding but, in relation to the power to dismiss an application, the court must try to ensure that any exercise of the power happens at the earliest appropriate time.
(a) of its own motion; or
(b) on an application by a party to the proceeding.
sec.49
Costs—review application
sec.49 Costs—review application
If an application (the costs application ) is made to the court by a person (the relevant applicant ) who—
has made a review application; or
has been made a party to a review application under section 28 ; or
is otherwise a party to a review application and is not the person whose decision, conduct, or failure to make a decision or perform a duty according to law, is the subject of the application;
the court may make an order—
that another party to the review application indemnify the relevant applicant in relation to the costs properly incurred in the review application by the relevant applicant, on a party and party basis, from the time the costs application was made; or
that a party to the review application is to bear only that party’s own costs of the proceeding, regardless of the outcome of the proceeding.
In considering the costs application, the court is to have regard to—
the financial resources of—
the relevant applicant; or
any person associated with the relevant applicant who has an interest in the outcome of the proceeding; and
whether the proceeding involves an issue that affects, or may affect, the public interest, in addition to any personal right or interest of the relevant applicant; and
if the relevant applicant is a person mentioned in subsection (1) (a) —whether the proceeding discloses a reasonable basis for the review application; and
if the relevant applicant is a person mentioned in subsection (1) (b) or (c) —whether the case in the review application of the relevant applicant can be supported on a reasonable basis.
The court may, at any time, of its own motion or on the application of a party, having regard to—
any conduct of the relevant applicant (including, if the relevant applicant is the applicant in the review application, any failure to prosecute the proceeding with due diligence); or
any significant change affecting the matters mentioned in subsection (2) ;
revoke or vary, or suspend the operation of, an order made by it under this section.
Subject to this section, the rules of court made in relation to the awarding of costs apply to a proceeding arising out of a review application.
An appeal may be brought from an order under this section only with the leave of the Court of Appeal.
In this section—
review application means—
an application for a statutory order of review under section 20 , 21 or 22 ; or
an application for review under section 43 ; or
an appeal to the Court of Appeal in relation to an order made by the court on an application mentioned in paragraph (a) or (b) .
(sec.49-ssec.1) If an application (the costs application ) is made to the court by a person (the relevant applicant ) who— has made a review application; or has been made a party to a review application under section 28 ; or is otherwise a party to a review application and is not the person whose decision, conduct, or failure to make a decision or perform a duty according to law, is the subject of the application; the court may make an order— that another party to the review application indemnify the relevant applicant in relation to the costs properly incurred in the review application by the relevant applicant, on a party and party basis, from the time the costs application was made; or that a party to the review application is to bear only that party’s own costs of the proceeding, regardless of the outcome of the proceeding.
(sec.49-ssec.2) In considering the costs application, the court is to have regard to— the financial resources of— the relevant applicant; or any person associated with the relevant applicant who has an interest in the outcome of the proceeding; and whether the proceeding involves an issue that affects, or may affect, the public interest, in addition to any personal right or interest of the relevant applicant; and if the relevant applicant is a person mentioned in subsection (1) (a) —whether the proceeding discloses a reasonable basis for the review application; and if the relevant applicant is a person mentioned in subsection (1) (b) or (c) —whether the case in the review application of the relevant applicant can be supported on a reasonable basis.
(sec.49-ssec.3) The court may, at any time, of its own motion or on the application of a party, having regard to— any conduct of the relevant applicant (including, if the relevant applicant is the applicant in the review application, any failure to prosecute the proceeding with due diligence); or any significant change affecting the matters mentioned in subsection (2) ; revoke or vary, or suspend the operation of, an order made by it under this section.
(sec.49-ssec.4) Subject to this section, the rules of court made in relation to the awarding of costs apply to a proceeding arising out of a review application.
(sec.49-ssec.5) An appeal may be brought from an order under this section only with the leave of the Court of Appeal.
(sec.49-ssec.6) In this section— review application means— an application for a statutory order of review under section 20 , 21 or 22 ; or an application for review under section 43 ; or an appeal to the Court of Appeal in relation to an order made by the court on an application mentioned in paragraph (a) or (b) .
(a) has made a review application; or
(b) has been made a party to a review application under section 28 ; or
(c) is otherwise a party to a review application and is not the person whose decision, conduct, or failure to make a decision or perform a duty according to law, is the subject of the application;
(d) that another party to the review application indemnify the relevant applicant in relation to the costs properly incurred in the review application by the relevant applicant, on a party and party basis, from the time the costs application was made; or
(e) that a party to the review application is to bear only that party’s own costs of the proceeding, regardless of the outcome of the proceeding.
(a) the financial resources of— (i) the relevant applicant; or (ii) any person associated with the relevant applicant who has an interest in the outcome of the proceeding; and
(i) the relevant applicant; or
(ii) any person associated with the relevant applicant who has an interest in the outcome of the proceeding; and
(b) whether the proceeding involves an issue that affects, or may affect, the public interest, in addition to any personal right or interest of the relevant applicant; and
(c) if the relevant applicant is a person mentioned in subsection (1) (a) —whether the proceeding discloses a reasonable basis for the review application; and
(d) if the relevant applicant is a person mentioned in subsection (1) (b) or (c) —whether the case in the review application of the relevant applicant can be supported on a reasonable basis.
(i) the relevant applicant; or
(ii) any person associated with the relevant applicant who has an interest in the outcome of the proceeding; and
(a) any conduct of the relevant applicant (including, if the relevant applicant is the applicant in the review application, any failure to prosecute the proceeding with due diligence); or
(b) any significant change affecting the matters mentioned in subsection (2) ;
(a) an application for a statutory order of review under section 20 , 21 or 22 ; or
(b) an application for review under section 43 ; or
(c) an appeal to the Court of Appeal in relation to an order made by the court on an application mentioned in paragraph (a) or (b) .
sec.50
Costs—application for reasons for decision
sec.50 Costs—application for reasons for decision
On an application to the court under part 4 in which the respondent to the application is the person to whom a request was made under section 32 for a statement in relation to a decision, the court—
may order that the respondent pay the costs of the applicant if the applicant is successful (in whole or part) in obtaining the relief sought; and
may only order that the applicant pay the costs of the respondent—
if the applicant is wholly unsuccessful in obtaining the relief sought; and
if the application—
does not disclose a reasonable basis; or
is frivolous or vexatious; or
is an abuse of the process of the court.
(a) may order that the respondent pay the costs of the applicant if the applicant is successful (in whole or part) in obtaining the relief sought; and
(b) may only order that the applicant pay the costs of the respondent— (i) if the applicant is wholly unsuccessful in obtaining the relief sought; and (ii) if the application— (A) does not disclose a reasonable basis; or (B) is frivolous or vexatious; or (C) is an abuse of the process of the court.
(i) if the applicant is wholly unsuccessful in obtaining the relief sought; and
(ii) if the application— (A) does not disclose a reasonable basis; or (B) is frivolous or vexatious; or (C) is an abuse of the process of the court.
(A) does not disclose a reasonable basis; or
(B) is frivolous or vexatious; or
(C) is an abuse of the process of the court.
(i) if the applicant is wholly unsuccessful in obtaining the relief sought; and
(ii) if the application— (A) does not disclose a reasonable basis; or (B) is frivolous or vexatious; or (C) is an abuse of the process of the court.
(A) does not disclose a reasonable basis; or
(B) is frivolous or vexatious; or
(C) is an abuse of the process of the court.
(A) does not disclose a reasonable basis; or
(B) is frivolous or vexatious; or
(C) is an abuse of the process of the court.
sec.51
Intervention by Attorney-General
sec.51 Intervention by Attorney-General
The Attorney-General may, on behalf of the State, intervene in a proceeding before the court under this Act.
If the Attorney-General intervenes in a proceeding—
the Attorney-General is taken to be a party to the proceeding; and
the court may, in the proceeding, make such order as to costs against the State as the court considers appropriate.
(sec.51-ssec.1) The Attorney-General may, on behalf of the State, intervene in a proceeding before the court under this Act.
(sec.51-ssec.2) If the Attorney-General intervenes in a proceeding— the Attorney-General is taken to be a party to the proceeding; and the court may, in the proceeding, make such order as to costs against the State as the court considers appropriate.
(a) the Attorney-General is taken to be a party to the proceeding; and
(b) the court may, in the proceeding, make such order as to costs against the State as the court considers appropriate.
sec.52
Change in occupancy of office
sec.52 Change in occupancy of office
If—
a person has, in the performance of the functions of an office, made a decision in relation to which an application may be made to the court under this Act; and
the person no longer holds the office or, for whatever reason, is not performing the functions of the office;
this Act has effect as if the decision had been made by the replacement person for the office.
The reference to the replacement person for an office is a reference to—
the person for the time being holding or performing the functions of the office; or
if there is no person for the time being holding or performing the functions of the office or the office no longer exists—the person specified by—
the Minister administering the enactment, or the scheme or program, under which the decision was made; or
a person authorised in writing by the Minister for the purposes of this section.
(sec.52-ssec.1) If— a person has, in the performance of the functions of an office, made a decision in relation to which an application may be made to the court under this Act; and the person no longer holds the office or, for whatever reason, is not performing the functions of the office; this Act has effect as if the decision had been made by the replacement person for the office.
(sec.52-ssec.2) The reference to the replacement person for an office is a reference to— the person for the time being holding or performing the functions of the office; or if there is no person for the time being holding or performing the functions of the office or the office no longer exists—the person specified by— the Minister administering the enactment, or the scheme or program, under which the decision was made; or a person authorised in writing by the Minister for the purposes of this section.
(a) a person has, in the performance of the functions of an office, made a decision in relation to which an application may be made to the court under this Act; and
(b) the person no longer holds the office or, for whatever reason, is not performing the functions of the office;
(a) the person for the time being holding or performing the functions of the office; or
(b) if there is no person for the time being holding or performing the functions of the office or the office no longer exists—the person specified by— (i) the Minister administering the enactment, or the scheme or program, under which the decision was made; or (ii) a person authorised in writing by the Minister for the purposes of this section.
(i) the Minister administering the enactment, or the scheme or program, under which the decision was made; or
(ii) a person authorised in writing by the Minister for the purposes of this section.
(i) the Minister administering the enactment, or the scheme or program, under which the decision was made; or
(ii) a person authorised in writing by the Minister for the purposes of this section.
sec.53
Respondent to applications concerning decisions of Governor in Council
sec.53 Respondent to applications concerning decisions of Governor in Council
In an application for a statutory order of review, or an application for review, that relates to a decision of the Governor in Council, the respondent to the application is to be—
the Minister responsible for the administration of the enactment, or the scheme or program, under which the decision was made; and
in relation to a decision to which paragraph (a) does not apply—the Minister responsible for tendering to the Governor in Council advice in relation to the matter to which the application relates.
(a) the Minister responsible for the administration of the enactment, or the scheme or program, under which the decision was made; and
(b) in relation to a decision to which paragraph (a) does not apply—the Minister responsible for tendering to the Governor in Council advice in relation to the matter to which the application relates.
sec.54
Amendment of documents
sec.54 Amendment of documents
The court may—
on such terms as it considers appropriate, permit a document lodged with a registry of the court in relation to an application under this Act to be amended; and
direct that the document be amended in a way specified by the court.
(a) on such terms as it considers appropriate, permit a document lodged with a registry of the court in relation to an application under this Act to be amended; and
(b) direct that the document be amended in a way specified by the court.
sec.55
Section sec.55
s 55 om 1995 No. 23 s 29
sec.56
Strict compliance with rules not required
sec.56 Strict compliance with rules not required
Strict compliance with rules of court made for the purposes of this Act is not required and substantial compliance is sufficient.
sec.57
No filing fee for application for reasons for decision
sec.57 No filing fee for application for reasons for decision
Despite anything contained in the rules of court, a filing fee is not payable on an application to the court under part 4 .
pt.7
Declarations
Declarations
sec.58
Small Claims Tribunals Act 1973 reference
sec.58 Small Claims Tribunals Act 1973 reference
This section applies to the following item that was in schedule 1, part 1, immediately before the commencement of the Statute Law (Miscellaneous Provisions) Act 2000 , schedule , amendments of the Judicial Review Act 1991 , amendment 4 (the amendment )—
7 Small Claims Tribunals Act 1973 , section 19
It is declared that the amendment never had any effect to omit the item and the item has been listed in schedule 1, part 1, at all times after the amendment.
It is further declared that the declaration in section 58, repealed by the Drug Legislation Amendment Act 2006 , section 73 , never had any effect.
s 58 prev s 58 om 1995 No. 23 s 30
pres s 58 ins 2005 No. 70 s 107E
sub 2006 No. 8 s 73
(sec.58-ssec.1) This section applies to the following item that was in schedule 1, part 1, immediately before the commencement of the Statute Law (Miscellaneous Provisions) Act 2000 , schedule , amendments of the Judicial Review Act 1991 , amendment 4 (the amendment )— 7 Small Claims Tribunals Act 1973 , section 19
(sec.58-ssec.2) It is declared that the amendment never had any effect to omit the item and the item has been listed in schedule 1, part 1, at all times after the amendment.
(sec.58-ssec.3) It is further declared that the declaration in section 58, repealed by the Drug Legislation Amendment Act 2006 , section 73 , never had any effect.
sch.1-pt.1
Enactments that provide for non-review or limited review of decisions
Enactments that provide for non-review or limited review of decisions
sch.1-pt.2
Enactments to which this Act does not apply
Enactments to which this Act does not apply
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
pt.1-div.1 Introductory
Introductory
sec.1 Short title
sec.1 Short title
This Act may be cited as the Judicial Review Act 1991 .
pt.1-div.2 Interpretation
Interpretation
sec.3 Definitions
sec.3 Definitions
In this Act—
certiorari order means an order the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for section 41 , have been granted by means of a writ of certiorari.
competitive commercial activity means an activity carried on, on a commercial basis, in competition with a person, other than—
the Commonwealth or a State or Territory; or
a State authority; or
a local government authority.
corporatised corporation means a corporate entity under the Local Government Act 2009 .
s 3 def corporatised corporation ins 1997 No. 23 s 74
amd 2000 No. 46 s 3 sch ; 2002 No. 34 s 74 sch 6
sub 2009 No. 17 s 331 sch 1
court means the Supreme Court.
duty includes a duty imposed on a person in the person’s capacity as a servant of the Crown.
enactment means an Act or statutory instrument, and includes a part of an Act or statutory instrument.
GOC ...
s 3 def GOC ins 1994 No. 38 s 19
om 1995 No. 23 s 27 (1)
judge means a judge of the Supreme Court.
person includes an unincorporated body.
prerogative injunction means an injunction of the kind mentioned in section 42 (2) .
prerogative order means an order of a kind mentioned in section 41 (2) .
prohibition order means an order the relief or remedy under which is in the nature of, and to the same effect as, the relief or remedy that could, but for section 41 , have been granted by means of a writ of prohibition.
rail government entity see the Transport Infrastructure Act 1994 , schedule 6 .
s 3 def rail government entity ins 2013 No. 19 s 120 sch 1
reasons , in relation to a decision, means—
findings on material questions of fact; and
a reference to the evidence or other material on which the findings were based;
as well as the reasons for the decision.
review , in part 1 , division 3 , includes a review by way of—
reconsideration, rehearing or appeal; or
the grant of an injunction or of a prerogative or statutory writ or order; or
the making of a declaratory or other order.
reviewable matter means—
a decision; or
conduct, including conduct engaged in for the purpose of making a decision; or
a failure to make a decision or to perform a duty according to law.
royalty see the Taxation Administration Act 2001 , schedule 2 .
s 3 def royalty ins 2020 No. 30 s 6
rules of court mean the rules of court of the Supreme Court.
s 3 def rules of court sub 1995 No. 23 s 27
service includes the Queensland Police Service.
State authority means an authority or body (whether or not incorporated) that is established by or under an enactment, but does not include a local government authority.
statutory order of review means an order on an application made—
under section 20 in relation to a decision; or
under section 21 in relation to conduct engaged in for the purpose of making a decision; or
under section 22 in relation to a failure to make a decision.
Part 4 creates an enforceable right to reasons. A person entitled to apply under s 20 may request a written statement containing findings on material questions of fact, the evidence or material on which those findings were based, and the reasons for the decision (s 32 and the definition of "reasons" in s 3). The decision-maker must ordinarily supply that statement within 28 days (s 33(1)). Exceptions exist where the requester was not entitled to ask (s 33(2)–(3)), the request was out of time (s 33(4)–(6)), the information concerns third-party personal or business affairs of a confidential nature (s 35), or the Attorney-General certifies that disclosure would be contrary to the public interest (s 36). In those cases the decision-maker must still give notice explaining the omission or refusal (s 37).
Part 5 modernises the old prerogative writs. The writs of mandamus, prohibition and certiorari may no longer be issued (s 41(1)). Instead the Court grants "prerogative orders" that have the same effect (s 41(2)). Quo warranto is abolished and replaced by injunction and declaratory relief (s 42). Applications for these orders, and for declarations and injunctions more generally, must be made by way of "application for review" (s 43). The Court’s powers on such an application are set out in s 47 and include setting aside decisions, remitting matters with directions, granting declarations, suspending decisions, and staying proceedings.
Throughout, the Act emphasises that its rights are additional to, and do not derogate from, other review rights (s 10), yet it also gives the Court wide powers to dismiss or stay proceedings where alternative remedies exist, where the application would interfere with an ongoing "initial proceeding", or where the application is an abuse of process (ss 11–15, 48). The Supreme Court is given jurisdiction to hear all applications (s 19). Costs rules are modified to encourage public-interest litigation (s 49) and to protect applicants seeking reasons (s 50). The Attorney-General may intervene on behalf of the State (s 51). Changes in office-holders do not invalidate applications (s 52). Specific rules govern respondents when the Governor in Council is the decision-maker (s 53).
In short, the Act does three things simultaneously: it codifies and expands the grounds and remedies for judicial review; it creates a freestanding right to reasons; and it streamlines procedure while preserving the Court’s inherent supervisory jurisdiction.
Who it affects
The Act affects three main classes of person.
First, "persons aggrieved". Section 7 defines this term expansively. A person is aggrieved by a decision if their interests are adversely affected by it. The same test applies to conduct preparatory to a decision and to a failure to make a decision. Where the decision is a report or recommendation, a person is aggrieved if their interests would be adversely affected were a decision made or not made in accordance with that report or recommendation. The term "person" includes an unincorporated body (s 3).
Second, decision-makers. Any person or body making a decision of an administrative character under an enactment, or under a non-statutory scheme funded by public moneys, falls within the Act. This expressly includes the State, State authorities, local governments, officers and employees (s 4). "Duty" extends to duties imposed on Crown servants (s 3). Specific exclusions, however, remove GOCs listed in Schedule 6 (to the extent provided by their application provision), rail government entities (to the extent of Transport Infrastructure Act 1994 s 486), State electricity entities (to the extent of Electricity Act 1994 s 256), and decisions made under Transport Infrastructure Act 1994 chapter 8 part 3A (ss 18A and 18C). Decisions under the enactments listed in Schedule 1 part 2 are wholly outside the Act, while Schedule 1 part 1 enactments continue to operate according to their own terms despite the Act (s 18(2)).
Third, the Supreme Court and its judges. The Court is given jurisdiction to hear and determine all applications (s 19). A "judge" means a judge of the Supreme Court (s 3). The Court of Appeal’s leave is required to appeal certain dismissal orders (ss 15(4) and 48(5)) and costs orders (s 49(5)). The Attorney-General may intervene in any proceeding (s 51) and is then treated as a party for costs purposes.
The Act therefore casts a wide net over Queensland public administration while carving out commercialised government businesses and particular infrastructure functions.
Key duties and rights
Decision-makers carry several duties. The most immediate is the duty to provide a statement of reasons within 28 days of a valid request (s 33(1)). That statement must contain the findings on material questions of fact, the evidence or material relied upon, and the actual reasons (s 34 and the definition of "reasons" in s 3). If the decision-maker believes the requester is not entitled to the statement, the decision-maker must either notify the requester or apply to the Court under s 39 within 28 days; failure to do either triggers the requester’s right to seek a compliance order (s 38). Where information falls within the personal/business affairs or Attorney-General certificate exceptions, the decision-maker must still give notice explaining the omission (s 37).
Applicants enjoy a suite of rights. They may apply for a statutory order of review on any of the grounds in ss 20–22. They are not limited to the grounds stated in their originating application; the Court may allow amendment (s 27). An applicant may join interested persons as parties (s 28). The mere making of an application does not stay the decision, but the Court or a judge may suspend its operation or stay implementation (s 29). On a successful application the Court may quash the decision (with effect from any specified date, including a past date), remit the matter with directions (including time limits), declare rights, or order parties to do or refrain from doing anything necessary to do justice (s 30). For conduct or failure cases the remedial palette is slightly narrower but still includes declaratory and mandatory relief.
The Act expressly states that its review rights are additional to any other rights the person may have (s 10(1)). Conversely, an applicant has the right to have an application for reasons determined on the merits; the Court may order costs in the applicant’s favour if the application succeeds even in part (s 50).
Penalties and enforcement
The Act contains no criminal offences or civil penalties. Enforcement is entirely through court orders. A decision-maker who fails to supply reasons after a valid request may be ordered by the Court to do so within a specified period (s 38(2)). A statement that is inadequate may be supplemented by further order (s 40). Decisions may be quashed, set aside, declared invalid, or subjected to mandatory orders requiring the decision-maker to perform a duty according to law (s 30). Stays and suspensions are available to prevent implementation or further steps (ss 29, 47(4)).
Costs operate as the practical sanction. Under s 49 the Court may order another party to indemnify an applicant’s costs on a party-and-party basis from the date a costs application is made, or may cap each party’s liability to its own costs, having regard to the applicant’s financial resources, any public-interest element, and the reasonableness of the case. The Court may later vary or revoke such orders if the applicant’s conduct changes or diligence lapses. In applications for reasons, the respondent decision-maker faces an asymmetric costs risk: the Court may order the respondent to pay the applicant’s costs on partial success, but may order the applicant to pay the respondent’s costs only if the applicant was wholly unsuccessful and the application lacked reasonable basis, was frivolous, vexatious or an abuse of process (s 50).
Appeals from dismissal orders under ss 15 and 48, and from costs orders under s 49, lie only with leave of the Court of Appeal.
How it interacts with other laws
The Act is expressly stated to have effect despite any law in force at its commencement (s 18(1)). However, it does not affect the operation of the enactments listed in Schedule 1 part 1, nor does it apply to decisions made under the enactments listed in Schedule 1 part 2 (s 18(2)). Section 16 provides a rule of construction: where a provision of the Commonwealth Administrative Decisions (Judicial Review) Act 1977 expresses an idea in particular words and this Act appears to express the same idea in different words merely because of drafting practice, the ideas are not to be taken as different. A comparative table appears in Schedule 3.
Part 1 Division 3 governs the relationship with other review rights. The statutory rights are additional (s 10(1)). Nevertheless, the Court may dismiss an application made otherwise than under the Act because a statutory-order application has already been filed (s 11). Conversely, an application under ss 20–22 or 43 may be dismissed (s 12) or must be dismissed (s 13) where adequate alternative review is available before another court, tribunal, authority or person, having regard to the interests of justice. Section 14 adds a mandatory dismissal power where the challenged matter arises in the course of an "initial proceeding" before a tribunal or person and review of the final decision would be available; the Court must weigh the balance of convenience, public interest and consequences of delay.
Section 18A excludes GOCs, rail government entities and electricity entities to the extent provided by their respective governing statutes. Section 18C excludes State and relevant-entity decisions under Transport Infrastructure Act 1994 chapter 8 part 3A. The definition of "enactment" includes Acts and statutory instruments (s 3), so the Act interacts with every other Queensland statute that confers administrative power unless expressly excluded.
The rules of court made for the Supreme Court govern procedure (s 3 definition of "rules of court" and ss 25, 45). Strict compliance is not required; substantial compliance suffices (s 56). No filing fee is payable on applications under Part 4 (s 57).
Recent changes and why
The provided text records a series of amendments that illustrate the Act’s evolving scope. The definition of "corporatised corporation" was substituted in 2009 by the Local Government Act 2009 (s 3 amendment history). "Rail government entity" was inserted in 2013 by the Transport Infrastructure Act 1994 amendments (s 3). Section 18A was substituted in 2013 and amended in 2016 to align exclusions for GOCs, rail entities and electricity entities with their sector-specific legislation (s 18A amendment history). Section 18C was inserted in 2010 to exclude transport infrastructure functions (s 18C). The definition of "royalty" was inserted in 2020 by reference to the Taxation Administration Act 2001 (s 3).
These changes were not random. They reflect a policy of removing commercialised government activities from general judicial-review oversight so that corporatised entities can operate on a more commercial footing without the risk of routine statutory-order challenges. The insertion of "competitive commercial activity" into the definitions (s 3) and its use in the confidentiality exceptions (s 35(2)(c)) shows a parallel concern to protect State authorities and local governments from having to disclose commercially sensitive information that could harm their competitive position. The overall trend visible in the text is one of progressive carve-out for entities that have been moved to a more market-oriented structure while preserving the Act’s application to core governmental regulatory and spending decisions.
Court challenges and controversies
The Act itself does not record specific court challenges, but its provisions anticipate recurring points of contention. The breadth of the definition of "decision to which this Act applies" (s 4) has generated disputes about whether a particular act is "of an administrative character" or is instead legislative or managerial. The extension to non-statutory schemes funded by public money (s 4(1)(b)) invites argument about whether funds are sufficiently "provided or obtained" from parliamentary appropriations or authorised levies.
The "person aggrieved" test in s 7, which uses the language of interests "adversely affected", has been the gateway through which standing arguments are run. Because the Act expressly includes persons who would be affected by a report or recommendation (s 7(1)(b)), challenges often arise at the preliminary-report stage of multi-stage decision processes.
Sections 11–14 create a thicket of discretionary and mandatory dismissal powers. Courts must therefore routinely decide whether "adequate provision" for review exists elsewhere (s 12(b)), whether the "interests of justice" require dismissal (s 13), and whether the balance of convenience favours letting an interim challenge proceed or requires it to await the final decision (s 14). The requirement in s 15(4) and s 48(5) that appeals from such dismissal orders may be brought only with leave of the Court of Appeal has itself been a source of satellite litigation.
The confidentiality exceptions in ss 35–37, particularly the test for information that "could reasonably be expected to adversely affect a State authority or local government authority in relation to its competitive commercial activities" (s 35(2)(c)), invite evidence about markets, competitors and commercial disadvantage. Attorney-General certificates under s 36 raise separation-of-powers questions about the justiciability of public-interest claims.
Finally, the costs provisions in ss 49 and 50 have produced controversy about when public-interest litigation should be protected from adverse costs orders. The statutory criteria—financial resources, public-interest element, reasonable basis—are mandatory considerations, yet their application in any given case remains intensely factual.
Gotchas
Most practitioners miss three structural features that can fatally derail an application.
First, the 28-day time limit in s 26 is calculated from a complex "relevant day" that turns on when written reasons are actually received, when a s 32 request is answered or refused, or when the bare decision document is given. An applicant who waits for internal review or further correspondence can easily fall outside the period; the Court’s power to extend is discretionary and must be sought before or after expiry, but late applications risk refusal under s 26(3) if the Court considers the delay unreasonable having regard to when the applicant first knew of the decision.
Second, the mandatory dismissal rules in ss 13 and 14 are often overlooked. If another law gives a right of review before "another court or a tribunal, authority or person", the Court must dismiss the statutory-order application if satisfied it is in the interests of justice to do so. Section 14 adds a further mandatory dismissal where the challenge is to an interim step in an "initial proceeding" and the balance of convenience (including delay to that proceeding) favours waiting for the final decision. These are not discretionary case-management tools; once the jurisdictional facts are established the Court has no choice but to dismiss.
Third, the interaction between the confidentiality exceptions (ss 35–37) and the duty to give notice means that a decision-maker can lawfully withhold an entire statement of reasons if including the protected information would render the statement false or misleading (s 37(1)(b)). An applicant who receives only a notice under s 37 may have to commence a fresh court application under s 38 simply to test whether the exception was correctly claimed. Because the Court retains power to order discovery and to require production of documents notwithstanding s 37(5), the real battle often shifts from the reasons statement to interlocutory processes that are themselves reviewable.
Another trap is the respondent rule in s 53: an application concerning a Governor in Council decision must name the responsible Minister, not the Governor or the Council itself. Failure to observe this produces a misjoinder that can be cured only by amendment under s 54, which the Court may allow on terms.
Finally, the Act’s preservation of the Court’s inherent jurisdiction (s 10(2)) is subject to s 41: the old writs cannot be issued. An originating process that still prays for a writ of certiorari will be treated as an application for the equivalent order, but the point can generate unnecessary argument about form.
How to comply
For decision-makers the compliance pathway is clear. Maintain accurate contemporaneous records of material questions of fact, the evidence considered, and the reasoning process. When a s 32 request arrives, assess within 28 days whether the requester is a "person aggrieved" and whether any s 35 or s 36 exception applies. If an exception is claimed, give the precise notice required by s 37. If in doubt, apply to the Court under s 39 rather than simply refusing. Where a statement is given, ensure it contains the three mandatory elements listed in the definition of "reasons" (s 3). For decisions under excluded regimes (GOCs, rail entities, electricity entities, transport chapter 8 part 3A), confirm the relevant carve-out before assuming the Act applies at all.
For applicants, file within time. For statutory orders of review, calculate the "relevant day" under s 26(5) with care; lodge the application in the prescribed form, set out the grounds, and attach the decision document. If reasons have not been given, make a formal written request under s 32 before or concurrently with the application. Consider joining interested parties early under s 28. If a stay is needed, file an interlocutory application under s 29 at the same time as the principal application. When drafting grounds, use the exact language of ss 20(2), 21(2) or 23 and be prepared to amend under s 27 if new grounds emerge.
Both sides should be alive to the Court’s broad dismissal powers. A respondent should promptly consider whether ss 12, 13, 14 or 48 can be invoked and, if so, bring the point on at the earliest appropriate time (s 15(1)(b)). An applicant should address alternative remedies and the balance of convenience in the originating material.
Finally, keep the costs provisions in mind. An applicant with limited resources who can point to a public-interest element should consider making a protective costs application under s 49 at the outset. A decision-maker facing a reasons application should weigh the s 50 costs asymmetry before deciding to resist on technical grounds that lack reasonable basis.
Compliance is therefore not merely procedural; it requires a working knowledge of the definitional mesh in s 3, the layered dismissal regime in Part 1 Division 3, the strict timing rules, and the evidentiary thresholds in ss 23–24 and 35–36. When those elements are respected, the Act functions as Parliament intended: a transparent, accessible and efficient mechanism for ensuring that Queensland public power is exercised according to law.
Section sec.4Meaning of decision to which this Act applies
(b) a reference to the evidence or other material on which the findings were based;
(a) reconsideration, rehearing or appeal; or
(b) the grant of an injunction or of a prerogative or statutory writ or order; or
(c) the making of a declaratory or other order.
(a) a decision; or
(b) conduct, including conduct engaged in for the purpose of making a decision; or
(c) a failure to make a decision or to perform a duty according to law.
(a) under section 20 in relation to a decision; or
(b) under section 21 in relation to conduct engaged in for the purpose of making a decision; or
(c) under section 22 in relation to a failure to make a decision.
sec.4 Meaning of decision to which this Act applies
sec.4 Meaning of decision to which this Act applies
In this Act—
decision to which this Act applies means—
a decision of an administrative character made, proposed to be made, or required to be made, under an enactment (whether or not in the exercise of a discretion); or
a decision of an administrative character made, or proposed to be made, by, or by an officer or employee of, the State or a State authority or local government authority under a non-statutory scheme or program involving funds that are provided or obtained (in whole or part)—
out of amounts appropriated by Parliament; or
from a tax, charge, fee or levy authorised by or under an enactment.
(a) a decision of an administrative character made, proposed to be made, or required to be made, under an enactment (whether or not in the exercise of a discretion); or
(b) a decision of an administrative character made, or proposed to be made, by, or by an officer or employee of, the State or a State authority or local government authority under a non-statutory scheme or program involving funds that are provided or obtained (in whole or part)— (i) out of amounts appropriated by Parliament; or (ii) from a tax, charge, fee or levy authorised by or under an enactment.
(i) out of amounts appropriated by Parliament; or
(ii) from a tax, charge, fee or levy authorised by or under an enactment.
(i) out of amounts appropriated by Parliament; or
(ii) from a tax, charge, fee or levy authorised by or under an enactment.
sec.5 Meaning of making of a decision and failure to make a decision
sec.5 Meaning of making of a decision and failure to make a decision
In this Act, a reference to the making of a decision includes a reference to—
making, suspending, revoking or refusing to make an order, award or determination; or
giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; or
issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; or
imposing a condition or restriction; or
making a declaration, demand or requirement; or
retaining, or refusing to deliver up, an article; or
doing or refusing to do anything else;
and a reference to a failure to make a decision is to be construed accordingly.
(a) making, suspending, revoking or refusing to make an order, award or determination; or
(b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; or
(c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; or
(d) imposing a condition or restriction; or
(e) making a declaration, demand or requirement; or
(f) retaining, or refusing to deliver up, an article; or
(g) doing or refusing to do anything else;
sec.6 Making of report or recommendation is making of a decision
sec.6 Making of report or recommendation is making of a decision
If provision is made by an enactment for the making of a report or recommendation before a decision is made, the making of the report or recommendation is itself taken, for the purposes of this Act, to be the making of a decision.
sec.7 Meaning of person aggrieved
sec.7 Meaning of person aggrieved
In this Act, a reference to a person aggrieved by a decision includes a reference—
to a person whose interests are adversely affected by the decision; or
in the case of a decision by way of the making of a report or recommendation—to a person whose interests would be adversely affected if a decision were, or were not, made in accordance with the report or recommendation.
In this Act, a reference—
to a person aggrieved by conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision; or
to a person aggrieved by a failure to make a decision;
includes a reference to a person whose interests are, or would be, adversely affected by the conduct or failure.
(sec.7-ssec.1) In this Act, a reference to a person aggrieved by a decision includes a reference— to a person whose interests are adversely affected by the decision; or in the case of a decision by way of the making of a report or recommendation—to a person whose interests would be adversely affected if a decision were, or were not, made in accordance with the report or recommendation.
(sec.7-ssec.2) In this Act, a reference— to a person aggrieved by conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision; or to a person aggrieved by a failure to make a decision; includes a reference to a person whose interests are, or would be, adversely affected by the conduct or failure.
(a) to a person whose interests are adversely affected by the decision; or
(b) in the case of a decision by way of the making of a report or recommendation—to a person whose interests would be adversely affected if a decision were, or were not, made in accordance with the report or recommendation.
(a) to a person aggrieved by conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision; or
(b) to a person aggrieved by a failure to make a decision;
sec.8 Conduct engaged in for making decision—preparatory acts
sec.8 Conduct engaged in for making decision—preparatory acts
A reference in this Act to conduct engaged in for the purpose of making a decision includes a reference to the doing of anything preparatory to the making of the decision, including—
the taking of evidence; or
the holding of an inquiry or investigation.
(a) the taking of evidence; or
(b) the holding of an inquiry or investigation.
sec.9 Power conferred by enactment—non-statutory scheme or program
sec.9 Power conferred by enactment—non-statutory scheme or program
A reference in this Act to the exercise of a power conferred by an enactment includes a reference to the exercise of a power, or performance of a function, under a non-statutory scheme or program involving funds that are provided or obtained (in whole or part)—
out of amounts appropriated by Parliament; or
from a tax, charge, fee or levy authorised by or under an enactment.
(a) out of amounts appropriated by Parliament; or
(b) from a tax, charge, fee or levy authorised by or under an enactment.
pt.1-div.3 Relationship with other review rights
Relationship with other review rights
sec.10 Rights conferred by Act additional to other review rights
sec.10 Rights conferred by Act additional to other review rights
The rights conferred by this Act on a person to make an application to the court in relation to a reviewable matter are in addition to any other rights that the person has to seek a review of the matter (whether by the court, another court or a tribunal, authority or person).
Subject to section 41 , the existence of a remedy by way of an application for review does not exclude any jurisdiction of the court to grant other relief.
(sec.10-ssec.1) The rights conferred by this Act on a person to make an application to the court in relation to a reviewable matter are in addition to any other rights that the person has to seek a review of the matter (whether by the court, another court or a tribunal, authority or person).
(sec.10-ssec.2) Subject to section 41 , the existence of a remedy by way of an application for review does not exclude any jurisdiction of the court to grant other relief.
sec.11 When application for other review may be dismissed
sec.11 When application for other review may be dismissed
Despite section 10 , but without limiting section 48 , the court, or another court, may, in a proceeding instituted otherwise than under this Act, dismiss an application for review of a reviewable matter because an application has been made to the court under section 20 to 22 or 43 in relation to the matter.
sec.12 When application for statutory order of review may be dismissed
sec.12 When application for statutory order of review may be dismissed
Despite section 10 , but without limiting section 48 , the court may dismiss an application under section 20 to 22 or 43 that was made to the court in relation to a reviewable matter because—
the applicant has sought a review of the matter by the court or another court, otherwise than under this Act; or
adequate provision is made by a law, other than this Act, under which the applicant is entitled to seek a review of the matter by the court or another court.
(a) the applicant has sought a review of the matter by the court or another court, otherwise than under this Act; or
(b) adequate provision is made by a law, other than this Act, under which the applicant is entitled to seek a review of the matter by the court or another court.
sec.13 When application for statutory order of review must be dismissed
sec.13 When application for statutory order of review must be dismissed
Despite section 10 , but without limiting section 48 , if—
an application under section 20 to 22 or 43 is made to the court in relation to a reviewable matter; and
provision is made by a law, other than this Act, under which the applicant is entitled to seek a review of the matter by another court or a tribunal, authority or person;
the court must dismiss the application if it is satisfied, having regard to the interests of justice, that it should do so.
(a) an application under section 20 to 22 or 43 is made to the court in relation to a reviewable matter; and
(b) provision is made by a law, other than this Act, under which the applicant is entitled to seek a review of the matter by another court or a tribunal, authority or person;
sec.14 When application for statutory order of review concerning interim initial proceeding must be dismissed
sec.14 When application for statutory order of review concerning interim initial proceeding must be dismissed
Despite section 10 , but without limiting section 48 , if—
an application under section 20 to 22 or 43 is made to the court in relation to a reviewable matter made or engaged in by a tribunal, authority or person in the course of a proceeding (the initial proceeding ) before the tribunal, authority or person (the decision-maker ); and
review of the matter is available because of provision made by a law (including this Act) under which the applicant is entitled to seek a review by the court, another court, or another tribunal, authority or person, of any decision of the decision-maker at the end of the initial proceeding; and
the court considers that it is desirable to dismiss the application in order to avoid interference with the due and orderly conduct of the initial proceeding because, in all the circumstances, the balance of convenience (including the interests of the applicant, another party or another person, the public interest and the consequences of delay in the initial proceeding) so requires;
the court must dismiss the application if it is satisfied, having regard to the interests of justice, that it should do so.
(a) an application under section 20 to 22 or 43 is made to the court in relation to a reviewable matter made or engaged in by a tribunal, authority or person in the course of a proceeding (the initial proceeding ) before the tribunal, authority or person (the decision-maker ); and
(b) review of the matter is available because of provision made by a law (including this Act) under which the applicant is entitled to seek a review by the court, another court, or another tribunal, authority or person, of any decision of the decision-maker at the end of the initial proceeding; and
(c) the court considers that it is desirable to dismi
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