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Judicial Review Act 1991 – 1 July 2014

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Judicial Review Act 1991 – 1 July 2014

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A person who is aggrieved by a government decision may apply, within 28 days of receiving a written decision, to the Supreme Court for a statutory order of review in relation to the decision. The application may be made on 1 or more of the grounds set out in subsection 20(2) including breach of natural justice, improper exercise of power, no evidence or other material to justify the decision, etc. An application may also be made where there has been a failure to make a decision. The outcome of an application relating to a decision may include the following orders: the decision is set aside or the matter is sent back to the original decision-maker for further consideration. Note: If special relief is sought (i.e. prerogative order/injunction), an application for review must be made pursuant to section 43 of the Act.

  • Sections 3, 4, 5, 6, 7, 8, 10, 13, 18, 19, 20, 21, 22, 23, 24, 25, 26, 29, 30, 43, 44, 45, 46, 49, 56, Schedule 1

A person may generally request a written statement of reasons in relation a government decision (where not previously provided) by written notice to the decision-maker or responsible Minister. Exceptions are contained in Schedule 2 and include decisions of local government in relation to the levying of rates and decisions relating to tax/duty assessment.

  • Sections 3, 4, 31, 32, 33, 34, 35, 37, 38, 40, 50, 56, 57, Schedule 2
Reason for law

N/A

Relevant links

Judicial reviews [Queensland Courts]

Highlighted practice direction

1994/17 – Applications pursuant to the Judicial Review Act 1991

Critique

Section 42 contains the phrase ‘quo warranto’. This phrase is unlikely to be understood by members of the public.

Suggested further reading

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