Administrative Decisions (Judicial Review) Act 1977

Sections and provisions with full text and the judgments that cite each one.

Section 1 — What this Schedule does

This Schedule describes Acts of the States, the Australian Capital Territory and the Northern Territory, and parts of such Acts, that are enactments for the purposes of this Act. Note: This Schedule…

Section 2 — State, ACT and NT Acts, and parts of such Acts, that are enactments

The following are enactments for the purposes of this Act: (a) an Act of a State, the Australian Capital Territory or the Northern Territory that applies, as a law of the State or Territory, the Code…

Section 3 — Interpretation

(1) In this Act, unless the contrary intention appears: ACT enactment means an enactment as defined by section 3 of the Australian Capital Territory (Self-Government) Act 1988. Commonwealth authority…

Section 3A — Certain legislation relating to Australian Capital Territory not to be enactment

(1) ACT enactments are not enactments except to the extent that they are covered by paragraph (ca) or (cb) of the definition of enactment in subsection 3(1). (2) The Australian Capital Territory…

Section 4 — Act to operate notwithstanding anything in existing laws

This Act has effect notwithstanding anything contained in any law in force at the commencement of this Act.

Section 5 — Applications for review of decisions

(1) A person who is aggrieved by a decision to which this Act applies that is made after the commencement of this Act may apply to the Federal Court or the Federal Circuit and Family Court of…

Section 6 — Applications for review of conduct related to making of decisions

(1) Where a person has engaged, is engaging, or proposes to engage, in conduct for the purpose of making a decision to which this Act applies, a person who is aggrieved by the conduct may apply to…

Section 7 — Applications in respect of failures to make decisions

(1) Where: (a) a person has a duty to make a decision to which this Act applies; (b) there is no law that prescribes a period within which the person is required to make that decision; and (c) the…

Section 8 — Jurisdiction of Federal Court and Federal Circuit and Family Court of Australia (Division 2)

(1) The Federal Court has jurisdiction to hear and determine applications made to the Federal Court under this Act. (2) The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction…

Section 9 — Limitation of jurisdiction of State courts

(1) Notwithstanding anything contained in any Act other than this Act, a court of a State does not have jurisdiction to review: (a) a decision to which this section applies that is made after the…

Section 9A — 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…

Section 9B — Limitation of jurisdiction to review related civil proceeding decisions

(1) At any time when a civil proceeding, or an appeal arising out of a civil proceeding, is taking place, no court has jurisdiction to hear, continue to hear or determine an application under this…

Section 10 — Rights conferred by this Act to be additional to other rights

(1) The rights conferred by sections 5, 6 and 7 on a person to make an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) in respect of a decision, in…

Section 11 — Manner of making applications

(1) An application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order of review: (a) shall be made in such manner as is prescribed by: (i) in the case…

Section 12 — Application to be made a party to a proceeding

(1) A person interested in a decision, in conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision, or in a failure to make a decision, being a decision,…

Section 13 — Reasons for decision may be obtained

(1) Where a person makes a decision to which this section applies, any person who is entitled to make an application to the Federal Court or the Federal Circuit and Family Court of Australia…

Section 13A — Certain information not required to be disclosed

(1) This section applies in relation to any information to which a request made to a person under subsection 13(1) relates, being information that: (a) relates to the personal affairs or business…

Section 14 — Certification by Attorney-General concerning the disclosure of information

(1) If the Attorney-General certifies, by writing signed by him or her, that the disclosure of information concerning a specified matter would be contrary to the public interest: (a) by reason that…

Section 15 — Stay of proceedings—Federal Court

(1) The making of an application to the Federal Court under section 5 in relation to a decision does not affect the operation of the decision or prevent the taking of action to implement the decision…

Section 15A — Stay of proceedings—Federal Circuit and Family Court of Australia (Division 2)

(1) The making of an application to the Federal Circuit and Family Court of Australia (Division 2) under section 5 in relation to a decision does not affect the operation of the decision or prevent…

Section 16 — Powers of the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) in respect of applications for order of review

(1) On an application for an order of review in respect of a decision, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, in its discretion, make all or any of…