A report made by a judge under s 475(4) of the Crimes Act 1900 (ACT) is not a 'decision' reviewable under the ADJR Act because s 3A(2) does not apply where the report is not a condition precedent to a decision by the Executive. Certiorari does not lie to quash such a report because it has no legal effect. A judge conducting a s 475 inquiry into a convicted person's fitness to plead is not limited to determining whether the question of fitness arose at trial but may determine the wider question of whether the person was in fact fit to plead.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.