The Act creates a statutory route to the Supreme Court for people aggrieved by administrative decisions, related conduct, or failures to decide, setting grounds, time limits and broad remedies (quash, remit, declarations, orders) and a statutory right to request written reasons subject to confidentiality and public‑interest exceptions.
It mainly affects applicants, public decision‑makers and the Crown by raising transparency and compliance incentives, imposing record‑keeping and timing costs, and concentrating dispute resolution power and procedural discretion in the Court.
This Act establishes a statutory framework for judicial review in the Supreme Court by defining what may be reviewed, who may apply, the available grounds and remedies, procedural steps for applications and the obligations of decision makers to provide reasons on request. The Court is given jurisdiction to hear and determine applications under the Act (s 16), and the Act makes clear it binds the Crown (s 9). The Act creates three core application types: review of decisions (s 17), review of conduct engaged in for making decisions (s 18) and review for failure or delay in making decisions (s 19). It sets out the catalogue of review grounds (including breaches of natural justice, procedural failures, lack of jurisdiction, errors of law, fraud, absence of evidence and other contraventions of law) for both decisions and conduct (s 17(2); s 18(2)). The Act provides the Court with a specified suite of orders in response to successful applications, including quashing decisions, referring matters back for reconsideration subject to directions, declaring rights, and ordering parties to do or refrain from doing specified things (s 27).
The Act also creates a statutory process for requesting written reasons for a decision. A person entitled to apply for review may request a written statement of reasons (s 29). Decision makers must supply the statement as soon as practicable and in any event within 28 days, unless permitted to take procedural steps permitted by the Act (s 30(1)). The Act specifies content (the reasons, s 31), exceptions where information may be withheld (confidential personal or business affairs, s 32; Attorney-General certificate, s 33), the consequences and notification obligations where information or the whole statement is withheld (s 34), and enforcement routes where a requester is not provided a statement (s 35-37).
Current sections
Direct links to the current provisions in Judicial Review Act 2000.
(b) the grant of an injunction or a prerogative writ or statutory order; or
(c) the making of a declaratory or other order;
reviewable matter means –
(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;
rules of court means the rules of court of the Supreme Court;
statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority;
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).
(2) In this Act,
decision to which this Act applies does not include a decision included in a class of decisions set out in Schedule 1 .
5
Meaning of making of a decision and failure to make a decision
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 –
(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 –
and a reference to a failure to make a decision is to be construed accordingly.
6
Making of report or recommendation is making of a decision
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.
7
Meaning of person aggrieved
7 Meaning of person aggrieved
(1) In this Act, a reference to a person aggrieved by a decision is taken to be a reference to –
(a) 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, a person whose interests would be adversely affected if a decision were, or were not, made in accordance with the report or recommendation.
(2) In this Act –
(a) 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
(b) a reference to a person aggrieved by a failure to make a decision –
is taken to be a reference to a person whose interests are, or would be, adversely affected by the conduct or failure.
8
Conduct engaged in for making decision – preparatory acts
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 is taken to include a reference to the doing of anything preparatory to the making of the decision, including –
(a) the taking of evidence; or
(b) the holding of an inquiry or investigation.
9
Crown to be bound
9 Crown to be bound
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Part 2
Application of this Act
Part 2 Application of this Act
10
Rights conferred by Act additional to other review rights
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 relating 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 or another court or a tribunal, authority or person).
11
When application for other review may be dismissed
11 When application for other review may be dismissed
Despite section 10 but without limiting section 38 , 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 17 , 18 or 19 relating to the matter.
12
When application for order of review may be dismissed
12 When application for order of review may be dismissed
Despite section 10 , but without limiting section 38 , the Court may dismiss an application under section 17 , 18 or 19 that was made to the Court relating to a reviewable matter because –
(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 or a tribunal, an authority or a person.
13
When application for order of review concerning initial proceeding must be dismissed
13 When application for order of review concerning initial proceeding must be dismissed
(a) an application under section 17 , 18 or 19 is made to the Court relating 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 by virtue of a 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; and
(d) the Court is satisfied having regard to the interests of justice that it should dismiss the application –
the Court must dismiss the application.
14
Exercise of powers under this Part
14 Exercise of powers under this Part
(1) A power under this Part to dismiss an application –
(a) must be exercised by order; and
(b) may be exercised at any time in the relevant proceeding –
but the Court must try to ensure that any exercise of the power happens at the earliest appropriate time.
(2) The Court may make an order under this Part –
(a) of its own motion; or
(b) on an application by a party to the proceeding.
(3) The Court may receive evidence on the hearing of an application for an order under this Part.
(4) An appeal may be brought from an order of the Court under this Part only with the leave of the Court.
(5) An appeal from an order of the Court under this Part lies to the Full Court of the Supreme Court.
15
Operation of other laws
15 Operation of other laws
(1) This Act has effect despite any law in force at its commencement.
(2) This Act does not affect the operation of an enactment mentioned in Schedule 2 .
Part 3
Jurisdiction
Part 3 Jurisdiction
16
Jurisdiction of Supreme Court
16 Jurisdiction of Supreme Court
The Court has jurisdiction to hear and determine applications to it under this Act.
Part 4
Orders of review
Part 4 Orders of review
17
Application for review of decision
17 Application for review of decision
(1) A person who is aggrieved by a decision to which this Act applies may apply to the Court for an order of review relating to the decision.
(2) The application may be made on any one or more of the following grounds:
(a) that a breach of the rules of natural justice happened relating to the making of the decision;
(b) that procedures that were required by law to be observed relating 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.
(3) This section applies only to a decision made after the commencement of this Act.
18
Application for review of conduct related to making of decision
18 Application for review of conduct related to making of decision
(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 that person or by another person), a person who is aggrieved by the conduct may apply to the Court for an order of review relating to the conduct.
(2) An application may be made on any one or more of the following grounds:
(a) that a breach of the rules of natural justice has happened, is happening, or is likely to happen, relating to the conduct;
(b) that procedures that are required by law to be observed relating 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;
(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.
(3) This section applies only to conduct engaged in, or proposed to be engaged in, after the commencement of this Act.
19
Application relating to failure to make decision
19 Application relating to failure to make decision
(1) If –
(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 person who is aggrieved by the failure of the person to make the decision may apply to the Court for an order of review relating to the failure to make the decision on the ground that there has been unreasonable delay in making the decision.
(2) If –
(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 –
a person who is aggrieved by the failure of the person to make the decision within the period may apply to the Court for an order of review relating 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.
(3) This section applies only to a decision required to be made after the commencement of this Act.
(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.
22
Manner of making application
22 Manner of making application
An application for an order of review –
(a) is to be made in the way prescribed by rules of court; and
(b) is to set out the grounds of the application; and
(c) is to be lodged with a registry of the Court.
23
Period within which application must be made
23 Period within which application must be made
(1) An application to the Court for an order of review relating to a decision that has been made and the terms of which were 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 –
(a) 28 days after the relevant day; or
(b) such further time as the Court (whether before or after the end of that required period) allows.
(2) If –
(a) in relation to a particular decision, no person was given a document setting out the terms of the decision as provided in subsection (1) ; or
(b) in relation to a particular decision, a particular person was not given a document setting out the terms of the decision as provided in subsection (1) –
the Court may take either of the following actions if it is of the opinion that the application was not made within a reasonable time after the decision was made:
(c) if paragraph (a) applies, refuse to consider an application for an order of review relating to the decision;
(d) if paragraph (b) applies, refuse to consider an application by the person for an order of review relating to the decision.
(3) In forming an opinion for the purposes of subsection (2) , the Court –
(a) must have regard to –
(i) the time when the applicant became aware of the decision; and
(ii) if subsection (2)(b) applies, the period provided by this section for the making by another person of an application for an order of review relating to the decision; and
(b) may have regard to such other matters as it considers relevant.
(a) if the document setting out the terms of the decision includes, or is accompanied by, a statement giving the reasons for the decision, the day on which the document 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 29 ) 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 29 , the day on which –
(i) the statement is given; or
(ii) the applicant is notified under section 30(2) that the applicant was not entitled to make the request; or
(iii) the applicant is notified under section 30(5) or section 34 that the statement will not be given; or
(iv) the Court makes an order under section 36 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.
24
Applicant not limited to grounds in application
24 Applicant not limited to grounds in application
If an applicant for an order of review 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.
25
Application to be made party to proceeding
25 Application to be made party to proceeding
(1) If –
(a) a person is aggrieved by –
(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 relating to the decision, conduct or failure –
the person may apply to the Court to be made a party to the application.
(2) The Court may grant or refuse the application.
26
Stay of decision
26 Stay of decision
(1) The making of an application to the Court under section 17 relating to a decision does not –
(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.
(3) The Court or judge may make the order –
(a) of the Court's or judge's own motion; or
(b) on the application of the person who made the application.
27
Powers of Court relating to applications for order of review
27 Powers of Court relating to applications for order of review
(1) On an application for an order of review relating to a decision, the Court may make all or any of the following orders:
(a) an order quashing or setting aside the decision, or a part of the decision, with effect from –
(i) the day of the making of the order; or
(ii) if the Court specifies the day of effect, the day specified by the Court (which may be before or after the day of the making of the order);
(b) an order referring the matter to which the decision relates to the person who made the decision for further consideration, subject to such directions (including the setting of time limits for the further consideration, and for preparatory steps in the further consideration) as the Court determines;
(c) an order declaring the rights of the parties relating to any matter to which the decision relates;
(d) an order directing any of the parties to do, or to refrain from doing, anything that the Court considers necessary to do justice between the parties.
(2) On an application for an order of review relating to conduct that has been, is being, or is proposed to be, engaged in for the purpose of the making of a decision, the Court may make either or both of the following orders:
(a) an order declaring the rights of the parties relating to any matter to which the conduct relates;
(b) an order directing any of the parties to do, or to refrain from doing, anything that the Court considers necessary to do justice between the parties.
(3) On an application for an order of review relating to a failure to make a decision, or relating to a failure to make a decision within the period within which the decision was required to be made, the Court may make all or any of the following orders:
(a) an order directing the making of the decision or the doing of anything necessary to enable the making of a decision;
(b) an order declaring the rights of the parties relating to the making of the decision;
(c) an order directing any of the parties to do, or to refrain from doing, anything that the Court considers necessary to do justice between the parties.
(4) The Court may, at any time, of its own motion or on the application of a party, revoke, vary or suspend the operation of an order made by it under this section.
Part 5
Reasons for Decision
Part 5 Reasons for Decision
28
Decision to which this Part applies
28 Decision to which this 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) 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 3 .
29
Request for statement of reasons
29 Request for statement of reasons
(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 17 relating to the decision may request the person to provide a written statement relating to the decision.
(2) The request must be made by written notice given to –
(a) if the decision was made by the Governor-in-Council or by Cabinet, the Minister responsible for the administration of the enactment; or
(b) in any other case, the person who made the decision.
30
Decision maker must comply with request except in certain circumstances
30 Decision maker must comply with request except in certain circumstances
(1) Subject to this section, a person to whom a request is made under section 29 (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).
(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 –
(a) give to the requester written notice of the decision maker's opinion; or
(b) apply to the Court under section 36 for an order declaring that the requester was not entitled to make the request.
(3) If the decision maker gives a notice under subsection (2) or applies to the Court under section 36 , the decision maker is not required to comply with the request unless –
(a) the Court, on an application under section 35 , orders the decision maker to give the statement; or
(b) the decision maker has applied to the Court under section 36 for an order declaring that the requester was not entitled to make the request and the Court refuses the application.
(4) The decision maker may refuse to prepare and give the statement if –
(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.
(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 –
(a) that the statement will not be given to the requester; and
(b) the reasons why it will not be given.
(6) For the purposes of subsection (4)(b) , a request for a statement relating 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.
31
Content of statement
31 Content of statement
The statement must contain the reasons for the decision.
32
Exception for information relating to personal or business affairs
32 Exception for information relating to personal or business affairs
(1) This section applies to information that a statement provided under section 30 would be required to contain if the 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.
(2) For the purposes of subsection (1) , information is taken to be of a confidential nature if the information is information –
(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 statutory authority or council relating to its 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.
(3) Section 34 specifies the consequences of this section applying to information.
33
Exception for information covered by Attorney-General's certificate
33 Exception for information covered by Attorney-General's certificate
(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 –
(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.
(2) Section 34 specifies the consequences of this section applying to information.
34
Consequences of section 32 or 33 applying to information
34 Consequences of section 32 or 33 applying to information
(1) If a person has been requested under section 29 to give a statement to a person –
(a) the person to whom the request is made is not required to include in the statement any information to which section 32 or 33 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) 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.
(5) Nothing in this section affects the power of the Court –
(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.
35
Application for order to comply
35 Application for order to comply
(1) If –
(a) a person (the requester) makes a request under section 29 to a person (the decision maker) for a written statement relating to a decision; and
(b) the decision maker does not comply with the request, or apply to the Court under section 36 relating to the request, within 28 days after receiving the request –
the requester may apply to the Court for an order under this section.
(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.
36
Application for order that person not entitled to statement
36 Application for order that person not entitled to statement
(1) If –
(a) a person (the decision maker) receives a request under section 29 from a person (the requester) for a written statement relating to a decision; and
(b) 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.
(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.
(3) If the Court refuses the application, the decision maker must –
(a) prepare the statement to which the request relates; and
(b) give it to the requester within 28 days after the Court's decision.
37
Application for further statement
37 Application for further statement
(1) A person to whom a statement has been given under section 30 (the requester) may apply to the Court for an order under this section against the person who gave the statement (the decision maker).
(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 relating to specified matters or a further statement under section 30 .
Part 6
Miscellaneous
Part 6 Miscellaneous
38
Power of Court to stay or dismiss applications in certain circumstances
38 Power of Court to stay or dismiss applications in certain circumstances
(1) The Court may stay or dismiss an application under section 17 , 18 or 19 or a claim for relief in such an application if the Court considers that –
(a) it would be inappropriate –
(i) for proceedings relating 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.
(2) A power of the Court under this section –
(a) must be exercised by order; and
(b) may be exercised at any time in the relevant proceeding but, in the case of a power to dismiss an application, the Court must try to ensure that any exercise of the power occurs at the earliest appropriate time.
(3) The Court may make an order under this section –
(a) of its own motion; or
(b) on an application by a party to the proceeding.
(4) The Court may receive evidence on the hearing of an application for an order under this section.
(5) An appeal may be brought from an order under this section only with the leave of the Court.
(6) An appeal from an order of the Court under this Part is to be to the Full Court of the Supreme Court.
39
Intervention by Attorney-General
39 Intervention by Attorney-General
(1) The Attorney-General may, on behalf of the Crown, intervene in a proceeding before the Court under this Act.
(2) If the Attorney-General intervenes in a proceeding –
(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 Crown as the Court considers appropriate.
40
Change in occupancy of office
40 Change in occupancy of office
(1) If –
(a) a person has, in the performance of the functions of an office, made a decision relating 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 –
this Act has effect as if the decision had been made by the replacement person.
(2) The reference in subsection (1) to the replacement person for an office is a reference to –
(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 under which the decision was made; or
(ii) a person authorised in writing by the Minister for the purposes of this section.
41
Respondent to applications concerning decisions of Governor-in-Council
41 Respondent to applications concerning decisions of Governor-in-Council
In an application for an order of review that relates to a decision of the Governor-in-Council, the respondent to the application is to be the Minister administering the enactment under which the decision was made.
42
Amendment of documents
42 Amendment of documents
The Court may –
(a) on such terms as it considers appropriate, permit a document lodged with a registry of the Court relating to an application under this Act to be amended; and
(b) direct that the document be amended in a way specified by the Court.
43
Abolition of prerogative writs
43 Abolition of prerogative writs
The prerogative writs of mandamus, prohibition, certiorari, quo warranto and scire facias are no longer to be issued by the Court.
44
Rules of court
44 Rules of court
The judges of the Court or a majority of them may make rules of court with respect to –
(a) the way in which applications under this Act may be made to the Court; or
(b) service on appropriate persons of copies of documents lodged with a registry of the Court under this Act.
45
Strict compliance with rules not required
45 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.
46
Regulations
46 Regulations
The Governor may make regulations for the purposes of this Act except in respect of any matter for which rules of court may be made under section 44 .
(a) the administration of this Act is assigned to the Attorney-General; and
(b) the department responsible to the Attorney-General in relation to the administration of this Act is the Department of Justice and Industrial Relations.
1. A decision relating to the administration of criminal justice, including a decision relating to –
(a) the investigation or prosecution of persons for offences against the law of the State, the Commonwealth, another State, a Territory or foreign country; and
Decisions relating to the institution or conduct of proceedings in civil courts or tribunals, including –
(a) decisions that relate to, or may result in, the bringing of such proceedings for the recovery of the proceeds of crime or the recovery of pecuniary penalties arising from contraventions of enactments; and
(b) decisions relating to the investigation of persons for such contraventions or the recovery of the proceeds of crime; and
(c) decisions relating to the appointment of investigators or inspectors for the purposes of such investigations; and
(d) decisions relating to the issue of search warrants under enactments; and
(e) decisions under enactments requiring –
(i) the production of documents or things; or
(ii) the giving of information; or
(iii) the summoning of persons as witnesses.
2. Recovery proceedings
Decisions relating to the enforcement of judgments or orders for the recovery of amounts by –
(a) the State, a statutory authority or a council; or
(b) an officer or employee of the State, a statutory authority or a council.
3. Personnel management
Decisions relating to personnel management (including recruitment, training, promotion and organisation) relating to –
(a) the State Service; or
(b) any other service established by an enactment; or
(c) the staff of a statutory authority or council –
other than a decision relating to, and having regard to the particular characteristics of, or other circumstances relating to, a particular person.
4. Appointment decisions
Decisions relating to –
(a) the making of appointments –
(i) in the State Service; or
(ii) in another service established by an enactment; or
(iii) to the staff of a statutory authority or council; and
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Judicial Review Act 2000 .
2 Commencement
2 Commencement
This Act commences on a day to be proclaimed.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
commercial activities means activities conducted on a commercial basis;
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 rule, and includes a part of an Act or statutory rule;
judge means a judge of the Supreme Court;
order of review means an order on an application made –
(a) under section 17 relating to a decision; or
(b) under section 18 relating to conduct engaged in for the purpose of making a decision; or
(c) under section 19 relating to a failure to make a decision;
reasons means –
(a) findings on material questions of fact relating to a decision; and
(b) a reference to the evidence or other material on which any such findings were based –
as well as the reasons for the decision;
review, in Part 2 , includes a review by way of –
The Act alters remedies architecture by abolishing the traditional prerogative writs of mandamus, prohibition, certiorari, quo warranto and scire facias; relief is to be sought by orders under the Act (s 43). It preserves and specifies interaction with other review avenues: the Act’s rights are additional to other review rights (s 10) but the Court may dismiss applications in some circumstances where another review is underway, where it would interfere with an initial proceeding, or where an adequate alternative review regime exists (ss 11-14). The Act also permits the Court to stay or dismiss applications as inappropriate, without reasonable basis, frivolous, vexatious or an abuse of process (s 38). Rules of court and regulations are provided for procedural detail (ss 44-46). The Act’s commencement is by proclamation (s 2) and the Attorney-General is initially assigned administration until an Administrative Arrangements order states otherwise (s 47).
Main concepts
The Act builds on a defined set of conceptual primitives. A "decision to which this Act applies" is a decision of an administrative character made, proposed to be made, or required to be made under an enactment, unless the decision falls within classes listed in Schedule 1 (s 4). The definitions in the preliminary provisions (s 3) elaborate central terms: "reviewable matter" (decision, conduct engaged in for making a decision, or failure to make a decision), "order of review" (orders under ss 17-19), "person aggrieved" (broadly, a person whose interests are adversely affected by the decision, conduct or failure, s 7), and "conduct engaged in for the purpose of making a decision" (which expressly includes preparatory acts such as taking evidence or holding an inquiry, s 8).
Grounds for challenge are spelled out for each application type. For decisions an applicant may rely on a breach of natural justice, failure to observe procedural requirements, lack of jurisdiction, absence of power under the enabling enactment, improper exercise of power, error of law, fraud, absence of evidence to justify the decision and any other contravention of law (s 17(2)). For conduct, similar grounds apply with present, past and prospective variants: e.g., a breach of natural justice that has happened, is happening or is likely to happen, or an error of law that has been, is being or is likely to be committed (s 18(2)). For failure-to-decide claims, the Act creates two limbs: unreasonable delay where no statutory timeframe exists (s 19(1)) and failure to act within a statutory period where the applicant alleges the duty remains despite expiry of the period (s 19(2)). The Act also gives a non-exhaustive description of what amounts to an "improper exercise of power", itemising irrelevant or omitted considerations, purpose-misuse, bad faith, blind rule-following, unreasonableness, uncertainty of result and abuse of power (s 20).
Procedural and substantive constraints are integral to the core concepts. Time limits for bringing a review are defined: an application about a decision set out in a document given to the applicant must be made within 28 days of the relevant day, unless the Court allows further time (s 23(1)). The definition of "relevant day" depends on whether the decision document included reasons, a later supplied statement of reasons, or a request for reasons under s 29 (s 23(4)). The Act provides that requesting reasons and obtaining statements is a distinct mechanism: request procedures (s 29), the decision maker’s duty to comply within 28 days (s 30), content requirement (s 31), and exceptions for confidential information and Attorney-General certificates (ss 32-34). The Act also abolishes common-law writs, making statutory orders under s 27 the mechanism for judicial relief (s 43). Interaction concepts are embedded in ss 10-15 and the Schedules which exclude or limit review for specified classes of decisions or under certain enactments.
Who it affects
The Act creates legal positions and obligations for three principal actor groups: applicants (persons aggrieved), decision makers (public officers, statutory authorities, Ministers, the Governor-in-Council), and the Court machinery (judges, registries, rules-makers). A "person aggrieved" is defined to include anyone whose interests are adversely affected by a decision, conduct or failure to make a decision (s 7). That definition governs who may apply under ss 17-19. The Act permits other persons affected by an application to apply to be joined as parties (s 25). A requester for reasons is any person "entitled to make an application to the Court under s 17" in relation to the decision (s 29(1)).
Decision makers are those who make decisions of an administrative character under an enactment. The statutory definition of "statutory authority" in s 3 captures bodies established by or under an Act or the royal prerogative whose governing authority is wholly or partly appointed by Governor, Minister or another statutory authority. Specific procedural roles attach to particular office-holders: where a decision is by Governor-in-Council or Cabinet, a request for reasons must be given to the Minister responsible for the enactment rather than to the Governor-in-Council itself (s 29(2)(a)); and where a review relates to a decision of the Governor-in-Council, the respondent is the Minister administering the enactment (s 41).
The Crown is expressly bound by the Act in right of Tasmania (s 9), and the Attorney-General may intervene in proceedings on behalf of the Crown, becoming a party with costs consequences (s 39). The Act contains a provision to treat decisions by an officer who later vacates office as decisions of the replacement person, and identifies who the "replacement person" is (s 40). Rules and regulations makers are identified: judges may make rules of court for procedure (s 44), and the Governor may make regulations except where rules of court are authorised (s 46). Administrative responsibility is initially assigned to the Attorney-General and the Department of Justice and Industrial Relations until Administrative Arrangements provide otherwise (s 47).
Certain groups are insulated from review by design. The Act excludes classes of decisions from the definition of "decision to which this Act applies" (s 4(2)) by reference to Schedule 1, and in Part 5 Schedule 3 lists decisions for which reasons need not be given (ss 28; Schedule 3). Schedule 2 lists enactments whose operation the Act does not affect (s 15(2)). These Schedules identify specific sectors, for example decisions relating to criminal justice administration, tax assessments, personnel management in the State Service, tendering outcomes and decisions on commercial activities of Government Business Enterprises and specified statutory authorities (Schedules 1 and 3).
Key duties and rights
The Act confers substantive rights to seek court-ordered review and sets out corresponding duties on decision makers and the Court. The right to apply is conferred on any "person aggrieved" by a reviewable matter (s 17(1); s 18(1); s 19(1)-(2)). The Act expressly states that these rights are additional to other review rights that a person may hold under other laws or tribunals (s 10). However, the Court retains power to dismiss or stay applications in various circumstances where proceedings overlap, where other suitable review channels exist, or to avoid interference with an ongoing initial proceeding (ss 11-14; s 38).
Decision makers have a statutory duty, where a requester is entitled to apply for review, to provide a written statement of reasons when asked (s 29-31). That duty is framed as a requirement to provide the statement "as soon as practicable, and in any event, within 28 days" of receiving a request (s 30(1)). Decision makers have tailored procedural rights where they believe the requester is not entitled to make the request: they may notify the requester of that view within 28 days or apply to the Court for a declaration under s 36 (s 30(2)-(3)). Decision makers may refuse a request where it is out of time (s 30(4)), but must notify the requester within 14 days (s 30(5)). The Act requires the statement to contain "the reasons for the decision" (s 31), but allows withholding of confidential personal or business information (s 32), and information covered by an Attorney-General’s certificate asserting public interest non-disclosure (s 33). Where information or the whole statement is withheld under these exceptions, the decision maker must give written notice explaining the omission or refusal (s 34(1)-(4)).
Applicants have procedural duties too: applications must be made in the manner prescribed by rules of court, set out the grounds of the application and be lodged with a registry of the Court (s 22). Time limits apply: applications about decisions supplied in a document must be made within 28 days of the "relevant day", and the Act supplies a layered definition of that day to accommodate reasons supplied later or requests under s 29 (s 23). If a decision maker fails to provide a requested statement within 28 days, the requester may apply to the Court for an order compelling the statement (s 35). If the decision maker has applied for a declaration under s 36 and the court refuses that declaration, then the decision maker must prepare and give the statement within 28 days of the Court’s decision (s 36(3)).
The Court has duties and powers set out in the Act. It has jurisdiction to hear applications under the Act (s 16). It may exercise equitable and declaratory powers under s 27 across decisions, conduct and failures to decide, including quashing decisions, referring matters back with directions, declaring rights and directing parties as necessary to "do justice between the parties" (s 27(1)-(3)). The Court can suspend operation of a decision or stay proceedings arising from it (s 26(2)). The Court is directed to exercise dismissal powers by order and to endeavour to do so at the earliest appropriate time (ss 14(1); 38(2)). Appeals from orders under this Part are restricted and typically require leave (s 14(4)-(5); s 38(5)-(6)).
Penalties and enforcement
The Act does not create criminal offences or penal sanctions. Enforcement operates through the Court’s civil powers and procedural controls. The primary enforcement mechanisms are the Court’s orders under s 27, which include quashing decisions with specified retrospective or prospective effect (s 27(1)(a)), referring matters back for reconsideration with directions and time limits (s 27(1)(b)), declaring parties’ rights (s 27(1)(c); s 27(2)(a); s 27(3)(b)) and directing parties to take or refrain from taking actions necessary to do justice (s 27(1)(d); s 27(2)(b); s 27(3)(c)). The Court may revoke, vary or suspend orders it has made (s 27(4)).
The Court has procedural powers to control the progress and viability of claims. It may stay or dismiss applications where continuation is inappropriate, no reasonable basis is disclosed, or the application is frivolous, vexatious or an abuse of process (s 38(1)). The Court may also dismiss applications under ss 11-13 where other review mechanisms are in play or it is necessary to avoid interfering with an initial proceeding; those dismissal powers must be exercised by order and the Court is asked to ensure early resolution where appropriate (ss 11-14). The Act imposes time bars on bringing applications (s 23); failure to comply can lead to the Court refusing to consider an application (s 23(2)(c)-(d)).
Costs consequences are addressed indirectly. The Attorney-General may intervene on behalf of the Crown and, if so, is taken to be a party; the Court may make such order as to costs against the Crown as it considers appropriate (s 39(1)-(2)). The Act does not otherwise prescribe costs rules; normal courts’ costs powers will apply subject to judicial discretion and any orders the Court makes under this Act.
Remedial architecture is deliberately statutory rather than prerogative. The Act abolishes the prerogative writs of mandamus, prohibition, certiorari, quo warranto and scire facias (s 43). That structural choice channels enforcement through the Act’s specified orders and court processes rather than historic royal writs. Procedural enforcement is supported by rules of court and regulations: the judges may make rules for how applications are made and served (s 44), strict compliance is not required (s 45), and the Governor may make regulations for matters not reserved to rules (s 46). The Act also allows for an applicant to be joined to an existing proceeding (s 25), and for documents lodged with the registry to be amended on terms (s 42), which facilitate practical enforcement steps.
How it interacts with other laws
The Act is express about its relationship with other statutory review regimes and with existing law. It states that rights conferred by the Act are additional to any other rights to seek review of a reviewable matter, whether in court or another tribunal, authority or person (s 10). That means an applicant may have parallel avenues, but the Court and other decision-makers must account for possible overlaps. Conversely, the Court may dismiss applications where an application under this Act is redundant or would interfere with other review proceedings or with the due conduct of an "initial proceeding" before the original decision-maker (ss 11-13). The Court may act of its own motion or on application to dismiss such applications, and must attempt to hear such applications at the earliest appropriate time (s 14).
The Act has primacy to the extent provided in s 15(1): it “has effect despite any law in force at its commencement.” But s 15(2) provides a carve-out, listing enactments in Schedule 2 whose operation the Act does not affect. Schedule 2 contains a list of Acts,some with amendment notes,that are to be treated as not displaced; for example, the Anti-Discrimination Act 1998 (as added by an amendment) and other specific statutes (Schedule 2). Schedule 1 and Schedule 3 establish categories of decisions that are excluded either from the Act’s reach (Schedule 1, s 4(2)) or from the Part 5 reasons regime (Schedule 3, s 28). Those Schedules create sectoral limitations: criminal justice investigatory decisions, many taxation assessment decisions, certain industrial and personnel decisions, tendering and award decisions, council budgeting and rates decisions, and commercial decisions of Government Business Enterprises and particular statutory authorities are examples listed (Schedules 1 and 3).
Procedural cross-overs are built into time and remedies provisions. The Act allows the Court to dismiss an application under the Act if the applicant has sought another review otherwise than under this Act or if adequate provision is made by other law for review (s 12). It specifically contemplates and preserves review under other statutory regimes while enabling the Court to manage overlap to avoid duplication or interference with proceedings (ss 11-13). The Act also provides practical alignment points: for Governor-in-Council decisions the respondent is the Minister administering the enactment (s 41), reflecting executive-administrative structures under other Acts. Administrative Arrangements orders will govern administration of the Act (s 47).
Finally, the Act replaces common-law writs as the route to relief (s 43). Where other enactments provide bespoke review schemes, Schedules and s 15(2) preserve those schemes. The interplay is therefore a mix of addition (s 10), primacy (s 15(1)), exceptions (s 15(2) and Schedules), and judicial case management powers to manage overlap and potential interference (ss 11-14; s 38).
Amendment history
The text supplied includes internal amendment annotations in the Schedules identifying post-enactment changes to the lists of excluded or non-reviewable decisions. These annotations are the sole amendment history present in the Act text provided. Schedule 1, which lists decisions to which the Act does not apply (s 4(2)), contains multiple amendment notes: items c-k (relating to various tax and revenue Acts such as the Duties Act 2001, Gaming Control Act 1993, Land Tax Act 2000, Land Tax Rating Act 2000, Payroll Tax Act 2008, Racing Regulation and Integrity Act 2024, Taxation Administration Act 1997, TT-Line Gaming Act 1993, and Vehicle and Traffic Act 1999) are annotated as amended by No. 8 of 2008, s 27, applied 02 May 2008. Payroll Tax and other specific references also reflect subsequent amendatory instrument citations (No. 16 of 2008 applied 01 Jul 2008). Schedule 1 was further amended by No. 67 of 2009 s 120 (Applied 01 Oct 2010) to add items 4A and 4B concerning the Integrity Commission Act 2009 (reports and certain determinations). There are annotations showing No. 64 of 2004 (Sched. 1, Applied 01 Jan 2005) and No. 18 of 2008 (s 30, Applied 26 Jun 2008) in relation to certain items. Item 5A reflects amendment by No. 22 of 2018 s 8 (Applied 15 Oct 2018). Item 6 references an amendment by No. 18 of 2008 (Applied 26 Jun 2008). Additional amendments include No. 86 of 2009 Sched. 1 (Applied 17 Dec 2009) and No. 32 of 2016 Sched. 1 (Applied 01 Jan 2017) in Schedule 1.
Schedule 3, which lists decisions for which reasons need not be given (s 28), contains amendment notes: subsection 10(2) identifies amended items concerning TasTAFE and Tourism Tasmania, with amendments recorded by No. 45 of 2008 (Applied 01 Jan 2009), No. 11 of 2013 (Applied 01 Jul 2013) and No. 32 of 2021 Sched. 4 (Applied 01 Jul 2022).
Schedule 2, which lists enactments that provide for non-review or limited review (s 15(2)), includes amendments such as No. 42 of 2013 s 50 (Applied 01 Jan 2014) adding the Anti-Discrimination Act 1998, No. 53 of 2004 Sched. 1 (Applied 16 Feb 2005) and No. 18 of 2012 Sched. 7 (Applied 01 Jul 2012) as shown in the text.
The Act’s own commencement provision requires proclamation (s 2). The administration was to be assigned to the Attorney-General until an Administrative Arrangements Act order specified otherwise (s 47). The text contains a Schedule 4 cross-reference at s 48 but the supplied text only states “See Schedule 4” without listing the consequential amendments contained in Schedule 4 except that it exists (s 48; Schedule 4 heading present). The provided statute text does not include express amending instruments beyond the in-text amendment annotations in the Schedules, nor does it list repeal, consolidation or other historical stages of the principal Act beyond those embedded annotations. The annotations themselves should be read as part of the Act’s recorded amendment history within the supplied text.
Litigation history
The supplied statute text contains no case citations, reported decisions, or references to litigation outcomes. There are no judicial authorities cited in the Act text, no example decisions, and no summary of how courts have interpreted particular provisions. Practitioners seeking litigation history must therefore consult external case law resources; the Act text itself does not record any judicial interpretations.
However, the Act contains several provisions that shape the likely contours of litigation should a challenge proceed under the Act. It prescribes narrow windows for applications (s 23), sets out grounds in statutory language that courts will need to interpret (s 17(2), s 18(2), s 19), and provides for a defined suite of judicial orders (s 27) rather than historic writs (s 43). The Act also constrains appeal routes: certain orders and dismissal decisions are appealable only with leave of the Court, and appeals lie to the Full Court of the Supreme Court (ss 14(4)-(5); s 38(5)-(6)). The Act permits the Court to receive evidence on applications to dismiss or determine entitlement to a statement (ss 14(3); 38(4); s 36(2)), which implies that factual disputes may be litigated at interlocutory stages.
Several provisions will commonly generate interlocutory litigation and contest over procedure: whether the applicant is a "person aggrieved" (s 7), whether an application was made within a reasonable time (s 23(2)-(3)), whether a requester was entitled to ask for reasons (s 30(2)-(3), s 36), whether information falls within the confidential/business affairs exception (s 32) or is covered by an Attorney-General certificate (s 33), and whether the Court should exercise its discretion to dismiss or stay the application given parallel review avenues (ss 11-14; s 38). The statutory description of "improper exercise" (s 20) supplies a multi-faceted statutory standard that litigants will need to prove, and ss 21 and 31-37 create discrete proceedings over reasons statements and their adequacy.
Because the statute abolishes mandamus, certiorari and other writs (s 43), litigants seeking traditional prerogative relief will litigate under the Act’s express remedies and procedures (s 27). The absence of cases in the text means the Act’s application in live disputes and the shape of judicial reasoning on the Act’s specific phrases remain matters to be explored in the court record, not in the statute.
Gotchas
Several practical pitfalls flow directly from the text. Time is a critical constraint. The primary general rule mandates that an application about a decision contained in a document given to the applicant must be made within 28 days of the relevant day (s 23(1)(a)). The definition of "relevant day" is layered. It depends on whether the decision document included reasons, whether a subsequent statement of reasons was provided within 28 days, whether a request for reasons under s 29 was made and when a statement was given or denied, or whether the decision document itself was the first notification (s 23(4)). Practitioners must map these contingencies carefully when advising on limitation points.
Requesting reasons is itself a procedural route with its own traps. The requester must be "entitled to make an application to the Court under s 17" (s 29(1)). A decision maker who believes the requester lacks entitlement can, within 28 days, notify the requester or apply to the Court for a declaration of non-entitlement (s 30(2)). If the decision maker elects not to prepare a statement because the request was out of time, the decision maker must give written notice explaining the refusal within 14 days (s 30(5)). Where a decision maker withholds information as confidential or on Attorney-General certificate grounds, s 34 requires written notice explaining the omission or refusal at specified times (s 34(2)-(4)). Failure to observe these notification duties can affect subsequent litigation but the Act itself prescribes these procedural obligations.
Substantive thresholds present pitfalls. The "no evidence" ground is not made out lightly: s 21 requires that the decision-maker must have been required by law to make the decision only if a particular matter was established, and either there was no evidence from which the decision-maker could reasonably be satisfied that the matter was established, or the decision was based on a non-existent fact. Practitioners should not assume "no evidence" simply because evidence was weak; s 21 sets a tailored test.
Sectoral exclusions and exceptions can be overlooked. Schedule 1 excludes many classes of decisions from the Act (s 4(2)), and Schedule 3 specifies categories of decisions for which reasons need not be given under Part 5 (s 28). Examples include criminal justice investigative decisions, many tax and assessment decisions, personnel management decisions in the State Service, tendering selection outcomes, council budget/rates decisions, and commercial decisions of Government Business Enterprises and certain statutory authorities. The Schedules carry amendment annotations that alter scope; counsel must check the up-to-date statutory instrument to see if a decision type is excluded.
Remedies are not framed as historic writs. The Act abolishes prerogative writs (s 43), so relief must be sought by the statutory orders under s 27. That changes the pleading pattern and may have consequences for strategic relief-seeking and interlocutory optics. The Act preserves the Court’s discretion to dismiss applications where another review avenue exists or where the Court considers the continuation inappropriate (ss 11-14, s 38). An applicant who has pursued other review processes might find a court dismissing an Act application on grounds of duplication or the balance of convenience.
The Act allows decision makers to refuse to provide certain information (s 32) and allows the Attorney-General to certificate public interest non-disclosure (s 33). Where this occurs, the decision maker must still give statutory notice, and the Court retains discovery and evidence powers (s 34(5)), but practitioners must plan for additional interlocutory steps and possible factual evidence on confidentiality claims.
Finally, strict compliance with rules of court is not required; "substantial compliance" suffices (s 45). That buffers against procedural slippage but does not eliminate the need to follow rules and to lodge applications in the manner prescribed (s 22). The Act also allows amendment of documents on terms (s 42), which can be helpful but may introduce cost and delay if parties contest amendments.
How to comply
For decision makers
Identify whether the decision falls within the Act. Determine whether the decision is a "decision to which this Act applies" (s 4) and check Schedules 1 and 3 for excluded classes (s 4(2); s 28; Schedules 1 and 3). If excluded, the Part 5 reasons obligations or the Act’s reviewability may not apply.
Record decisions and reasons contemporaneously. If a decision is likely to be the subject of review, consider including reasons with any document that sets out the terms of the decision, as the inclusion of reasons in the decision document affects limitation periods (s 23(4)(a)). Keeping a written record also facilitates compliance with s 31 (statement must contain the reasons).
Prepare to respond to requests under s 29 within the prescribed period. A requester entitled to apply under s 17 may request a written statement of reasons (s 29). The decision maker must provide the statement "as soon as practicable, and, in any event, within 28 days" after receiving the request (s 30(1)). If the decision maker believes the requester is not entitled to make the request, the decision maker must, within 28 days, give written notice of that opinion or apply to Court under s 36 (s 30(2)).
Use s 36 proactively if entitlement is genuinely disputed. If the decision maker is of the opinion the requester was not entitled to make the request, applying under s 36 within 28 days preserves the ability not to comply pending judicial determination, and avoids potential orders under s 35 compelling the statement.
Apply exceptions carefully and document the basis. If information relates to another person’s personal or business affairs of a confidential nature, or would reveal a trade secret, was supplied in confidence, or would adversely affect a statutory authority’s commercial activities, s 32 permits withholding. If an Attorney-General’s certificate under s 33 applies, the decision maker must treat the information as covered. In each case the decision maker must comply with the notification obligations under s 34, stating the reasons and supplying notice within the required timeframes (s 34(3)-(4)).
Observe the timeframes for notice when refusing to prepare a statement on timeliness grounds. If a request was not made within 28 days for a decision that was given in writing, or otherwise not within a reasonable time, the decision maker must give written notice within 14 days stating the statement will not be given and why (s 30(4)-(5)). Consider preserving documentary and timestamp evidence to support the timeliness determination.
Anticipate possible Court orders under s 27. Decisions may be quashed, referred back with directions, or be subject to declaratory or mandatory directions. Ensure internal processes can implement such judicial directions, including setting time limits and preparatory steps.
For prospective applicants
Confirm standing as a "person aggrieved". Review s 7’s definition: persons whose interests are adversely affected by the decision, conduct or failure qualify. If uncertain, consider whether to request reasons under s 29 first; a requester must be entitled to make an application under s 17.
Comply with procedural form and lodging requirements. Applications must be made in the way prescribed by rules of court, set out the grounds and be lodged with a registry (s 22). Substantial compliance is acceptable (s 45), but counsel should use court rules to avoid interlocutory disputes.
Manage limitation risks. If the decision document included reasons, the 28-day clock under s 23(1)(a) starts on the day the decision document was given (s 23(4)(a)). If reasons are provided later or are requested, the "relevant day" may be the day the statement is given or the day the applicant is notified that the statement will not be given (s 23(4)(b)-(c)). Where no document was given, the Court may refuse to consider an application not brought within a reasonable time (s 23(2)-(3)). Consider seeking extensions from the Court (s 23(1)(b)) and, where necessary, applying for a declaration that a request for reasons was made within a reasonable time (s 30(6)).
Use the reasons regime strategically. If uncertain about grounds for review, a requester entitled to apply may request a written statement under s 29. If the decision maker fails to supply the statement within 28 days without applying under s 36, the requester can apply under s 35 to compel the statement, and the Court may order provision within a specified period (s 35(1)-(2)). If a statement is provided but lacks adequate particulars, the requester can apply under s 37 for further particulars.
Anticipate interlocutory responses. Decision makers may notify non-entitlement or invoke confidentiality or Attorney-General certificates. Be prepared to litigate entitlement under s 36; if the Court refuses a s 36 declaration that you lack entitlement, the decision maker must give the statement within 28 days of the Court decision (s 36(3)).
Consider parallel reviews and strategic timing. The Act’s rights are additional to other review rights (s 10), but the Court may dismiss or stay Act applications where other proceedings exist or are preferable (ss 11-14; s 38). When other reviews are underway, carefully advise clients on the risk of the Court dismissing an Act application on grounds of interference with an initial proceeding (s 13).
Administrative and record-keeping steps
Establish administrative processes to identify which decisions fall under Schedules 1-3 and to track the giving of decision documents and any statement of reasons provided.
Maintain a log for requests under s 29, with dates of receipt, responses, applications to Court under s 36 if any, and any notices given under s 30(5)/s 34(3)-(4).
Prepare template forms of statement of reasons that meet s 31’s requirement, and protocols for redacting confidential business or personal material consistent with s 32 and the notification obligations in s 34.
Ensure registry compliance for all applications: follow rules of court for lodgement and service (s 22; s 44), but document steps showing substantial compliance where perfect compliance is impractical (s 45).
For Ministers and the Attorney-General: if intervening or responding, note s 39’s intervention rules and the potential for costs against the Crown.
Following the Act’s text, these steps align with the statutory deadlines, procedural rights and duties, the exceptions and the Court’s remedial structure.
Meaning of making of a decision and failure to make a decision
(b) the grant of an injunction or a prerogative writ or statutory order; or
(c) the making of a declaratory or other order;
reviewable matter means –
(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;
rules of court means the rules of court of the Supreme Court;
statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority;
statutory rule means a statutory rule within the meaning of the Rules Publication Act 1953 .
4 Meaning of decision to which this Act applies
4 Meaning of decision to which this Act applies
(1) 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).
(2) In this Act,
decision to which this Act applies does not include a decision included in a class of decisions set out in Schedule 1 .
5 Meaning of making of a decision and failure to make a decision
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 –
(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 –
and a reference to a failure to make a decision is to be construed accordingly.
6 Making of report or recommendation is making of a decision
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.
7 Meaning of person aggrieved
7 Meaning of person aggrieved
(1) In this Act, a reference to a person aggrieved by a decision is taken to be a reference to –
(a) 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, a person whose interests would be adversely affected if a decision were, or were not, made in accordance with the report or recommendation.
(2) In this Act –
(a) 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
(b) a reference to a person aggrieved by a failure to make a decision –
is taken to be a reference to a person whose interests are, or would be, adversely affected by the conduct or failure.
8 Conduct engaged in for making decision – preparatory acts
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 is taken to include a reference to the doing of anything preparatory to the making of the decision, including –
(a) the taking of evidence; or
(b) the holding of an inquiry or investigation.
9 Crown to be bound
9 Crown to be bound
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Part 2 Application of this Act
Part 2 Application of this Act
10 Rights conferred by Act additional to other review rights
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 relating 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 or another court or a tribunal, authority or person).
11 When application for other review may be dismissed
11 When application for other review may be dismissed
Despite section 10 but without limiting section 38 , 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 17 , 18 or 19 relating to the matter.
12 When application for order of review may be dismissed
12 When application for order of review may be dismissed
Despite section 10 , but without limiting section 38 , the Court may dismiss an application under section 17 , 18 or 19 that was made to the Court relating to a reviewable matter because –
(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 or a tribunal, an authority or a person.
13 When application for order of review concerning initial proceeding must be dismissed
13 When application for order of review concerning initial proceeding must be dismissed
Despite section 10 , but without limiting section 38 , if –
(a) an application under section 17 , 18 or 19 is made to the Court relating 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 by virtue of a 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; and
(d) the Court is satisfied having regard to the interests of justice that it should dismiss the application –
the Court must dismiss the application.
14 Exercise of powers under this Part
14 Exercise of powers under this Part
(1) A power under this Part to dismiss an application –
(a) must be exercised by order; and
(b) may be exercised at any time in the relevant proceeding –
but the Court must try to ensure that any exercise of the power happens at the earliest appropriate time.
(2) The Court may make an order under this Part –
(a) of its own motion; or
(b) on an application by a party to the proceeding.
(3) The Court may receive evidence on the hearing of an application for an order under this Part.
(4) An appeal may be brought from an order of the Court under this Part only with the leave of the Court.
(5) An appeal from an order of the Court under this Part lies to the Full Court of the Supreme Court.
15 Operation of other laws
15 Operation of other laws
(1) This Act has effect despite any law in force at its commencement.
(2) This Act does not affect the operation of an enactment mentioned in Schedule 2 .
Part 3 Jurisdiction
Part 3 Jurisdiction
16 Jurisdiction of Supreme Court
16 Jurisdiction of Supreme Court
The Court has jurisdiction to hear and determine applications to it under this Act.
Part 4 Orders of review
Part 4 Orders of review
17 Application for review of decision
17 Application for review of decision
(1) A person who is aggrieved by a decision to which this Act applies may apply to the Court for an order of review relating to the decision.
(2) The application may be made on any one or more of the following grounds:
(a) that a breach of the rules of natural justice happened relating to the making of the decision;
(b) that procedures that were required by law to be observed relating 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.
(3) This section applies only to a decision made after the commencement of this Act.
18 Application for review of conduct related to making of decision
18 Application for review of conduct related to making of decision
(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 that person or by another person), a person who is aggrieved by the conduct may apply to the Court for an order of review relating to the conduct.
(2) An application may be made on any one or more of the following grounds:
(a) that a breach of the rules of natural justice has happened, is happening, or is likely to happen, relating to the conduct;
(b) that procedures that are required by law to be observed relating 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;
(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.
(3) This section applies only to conduct engaged in, or proposed to be engaged in, after the commencement of this Act.
19 Application relating to failure to make decision
19 Application relating to failure to make decision
(1) If –
(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 person who is aggrieved by the failure of the person to make the decision may apply to the Court for an order of review relating to the failure to make the decision on the ground that there has been unreasonable delay in making the decision.
(2) If –
(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 –
a person who is aggrieved by the failure of the person to make the decision within the period may apply to the Court for an order of review relating 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.
(3) This section applies only to a decision required to be made after the commencement of this Act.
20 Meaning of improper exercise of power
20 Meaning of improper exercise of power
In section 17(2)(e) and section 18(2)(e) , a reference to an improper exercise of a power is taken to include –
(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 of another person; and
(f) an exercise of a discretionary power in accordance with a rule without regard to the merits of the particular case; and
(g) an exercise of a power
This is an opening excerpt, not the complete document.