Administrative Decisions (Judicial Review) Amendment Act 2013 (ACT)

Administrative Decisions (Judicial Review) Amendment Act 2013

A2013-37

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            DictionarySection 2, note 1  2

5            Meaning of person aggrievedSection 3B  2

6            New section 4A  3

7           Applications for review of decisionsSection 5 (1)  4

8            Applications for review of conduct related to making of decisionsSection 6 (1)  4

9            Applications for failures to make decisionsSection 7 (1)  5

10          Section 7 (2)  5

11          Application to be made a party to a proceedingSection 12 (1)  5

12          New section 19A  5

13          Dictionary, note 2  6

14          Dictionary, new definition of eligible person  7

15          Dictionary, definition of person aggrieved  7

Administrative Decisions (Judicial Review) Amendment Act 2013

A2013-37

An Act to amend the Administrative Decisions (Judicial Review) Act 1989

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Administrative Decisions (Judicial Review) Amendment Act 2013.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Administrative Decisions (Judicial Review) Act 1989.

4. Dictionary
   Section 2, note 1

   omit

   For example, the signpost definition ‘person aggrieved—see section 3B.’ means that the term ‘person aggrieved’ is defined that section.

   substitute

   For example, the signpost definition ‘conduct engaged in for the purpose of making a decision—see section 3C.’ means that the term ‘conduct engaged in’ is defined in that section.

5. Meaning of person aggrieved
   Section 3B

   omit

6. New section 4A

   insert

4AWho may make an application under this Act

(1)An eligible person may make an application under this Act, subject to subsections (2) and (3).

(2)If the application relates to a category A decision, or conduct engaged in for the purpose of making the decision, the person may make the application only if—

(a)the person’s interests are, or would be, adversely affected by the decision, failure to make the decision, or conduct engaged in for the purpose of making the decision; or

(b)if the decision is of a kind that is proposed in a report or recommendation—the person’s interests are, or would be, adversely affected if the decision were, or were not, made in accordance with the report or recommendation.

(3)If the application relates to a category B decision, or conduct engaged in for the purpose of making the decision, the person may make the application unless—

(a)an enactment does not allow the person to make the application; or

(b)each of the following apply:

(i)the interests of the eligible person are not adversely affected by the decision or conduct;

(ii)the application fails to raise a significant issue of public importance.

(4)The Supreme Court may at any time, on application by a party, refuse to hear the application or dismiss the application if satisfied that the applicant is not an eligible person.

(5)In this section:

category A decision means a decision of an administrative character made, proposed to be made, or required to be made (whether in the exercise of a discretion or not) under—

(a)the Heritage Act 2004; or

(b)the Planning and Development Act 2007, other than a decision under that Act mentioned in schedule 1.

category B decision means a decision to which this Act applies, other than a category A decision.

1. Applications for review of decisions
   Section 5 (1)

   omit everything before paragraph (a), substitute

   (1)An eligible person may apply to the Supreme Court for an order of review in relation to a decision to which this Act applies on 1 or more of the following grounds:

2. Applications for review of conduct related to making of decisions
   Section 6 (1)

   omit

   a person aggrieved by the conduct

   substitute

   an eligible person

3. Applications for failures to make decisions
   Section 7 (1)

   omit

   a person aggrieved by the failure to make the decision

   substitute

   an eligible person

4. Section 7 (2)

   omit

   a person aggrieved by the failure

   substitute

   an eligible person

5. Application to be made a party to a proceeding
   Section 12 (1)

   substitute

   (1)An eligible person may apply to the Supreme Court to be made a party to an application made under this Act.

6. New section 19A

   insert

19AIntervention by other people

(1)The Supreme Court may, on application by a party or its own initiative, give leave to a person (an intervener) to intervene in a proceeding under this Act.

(2)In considering whether to give leave, the Supreme Court—

(a)must have regard to the following:

(i)whether the intervener’s contribution is different from the contribution of the parties to the proceeding;

(ii)whether the intervener’s contribution is likely to be useful to the court;

(iii)whether the intervention will unreasonably interfere with the ability of someone who has a private interest in the subject matter of the application to deal with it differently or at all; and

(b)may have regard to any other matter the court considers relevant.

(3)The Supreme Court may give leave subject to conditions.

(4)There is no right of appeal in relation to a decision of the Supreme Court under this section.

1. Dictionary, note 2

   insert

   ·     corporation

   ·     individual

2. Dictionary, new definition of eligible person

   insert

   eligible person, for an application under this Act, means—

   (a)an individual; or

   (b)a corporation, if the subject matter of the application relates to a matter that happens after the corporation was incorporated or came into existence; or

   (c)an unincorporated organisation or association if the subject matter of the application relates to a matter that—

   (i)forms part of the objects or purposes of the organisation or association; and

   (ii)happens after the organisation or association came into existence.

3. Dictionary, definition of person aggrieved

   omit

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 16 May 2013.

2. Notification

   Notified under the Legislation Act on 25 September 2013.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Administrative Decisions (Judicial Review) Amendment Bill 2013, which was passed by the Legislative Assembly on 19 September 2013.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2013