Section 9A — Administrative Decisions (Judicial Review) Act 1977: Limitation of jurisdiction to review related criminal justice process decisions

(1) Subject to subsection (2), at any time when: (a) a prosecution for an offence against a law of the Commonwealth, a State or a Territory is before any court; or (b) an appeal arising out of such a prosecution is before any court; no court has jurisdiction to hear, continue to hear or determine an application under this Act, by the person who is or was the defendant in the prosecution, in relation to a related criminal justice process decision. (2) Subsection (1) does not apply if an applicant has commenced an application under this Act before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory. (3) Where subsection (2) applies, the prosecutor may apply to the court for a permanent stay of proceedings in the hearing and determination of the application and the court may grant such a stay if the court determines that: (a) the matters that are the subject of the application are more appropriately dealt with in the criminal justice process; and (b) a stay of proceedings will not substantially prejudice the applicant. (4) In this section: appeal includes an application for a new trial and a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge. related criminal justice process decision, in relation to an offence, means: (a) a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including: (i) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and (ii) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and (iii) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and (iv) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and (v) a decision in connection with an appeal arising out of the prosecution; or (b) a decision of the Attorney-General to give a certificate under section 26 or 28 of the National Security Information (Criminal and Civil Proceedings) Act 2004 before or during a federal criminal proceeding (within the meaning of that Act) in relation to the offence. Note: A decision to prosecute a person for an offence is not reviewable under this Act: see paragraph (xa) of Schedule 1.