Where a statutory power requires the decision-maker to perceive a doubt or question as a precondition to exercising a discretion, the absence of such perception means the power is not exercisable and a refusal to act is not a reviewable decision under the ADJR Act, absent bad faith. The 'own motion' character of a statutory power excludes the rules of natural justice requiring a hearing. The reasoning of Gummow J (dissenting) in Right to Life Association v Secretary, Department of Human Services & Health was preferred over the majority on the question of reviewability where the precondition for exercise of the power was not met.
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