Judicial Review Act 1991

This Act may be cited as the Judicial Review Act 1991.

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.

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...

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.

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.

rules of court mean the rules of court of the Supreme Court.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.