Version No. 054
Administrative Law Act 1978
No. 9234 of 1978
Version incorporating amendments as at
15 October 2014
TABLE OF PROVISIONS
Section Page
1Short title and commencement
2Definitions
3Tribunal decisions may be reviewed
4Procedure for review
5As to orders for review
6Power to impose terms on granting an order for review
7Powers of Court
8Reasons for decision to be furnished by tribunal on request by party concerned
9Interim relief
10Reasons to be part of record
11As to who may seek prerogative writ declaration or injunction
12Provisions excluding jurisdiction by Court not to prevail
13Exemption of Ministerial Council
14Repealed
15Supreme Court—Limitation of jurisdiction
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 054
Administrative Law Act 1978
No. 9234 of 1978
Version incorporating amendments as at
15 October 2014
An Act to make Provision with respect to the Review of certain Decisions made by certain Administrative Tribunals, and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1Short title and commencement
(1)This Act may be cited as the Administrative Law Act 1978.
(2)This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2Definitions
In this Act unless the context or subject-matter otherwise requires—
decision means a decision operating in law to determine a question affecting the rights of any person or to grant, deny, terminate, suspend or alter a privilege or licence and includes a refusal or failure to perform a duty or to exercise a power to make such a decision;
person affected in relation to a decision, means a person whether or not a party to proceedings, whose interest (being an interest that is greater than the interest of other members of the public) is or will or may be affected, directly or indirectly, to a substantial degree by a decision which has been made or is to be made or ought to have been made by the tribunal;
tribunal means a person or body of persons who, in arriving at the decision in question, is or are by law required, whether by express direction or not, to act in a judicial manner to the extent of observing one or more of the rules of natural justice, but does not include—
(a)a court of law or a tribunal constituted or presided over by a Judge of the Supreme Court; or
(b)a Royal Commission, Board of Inquiry or Formal Review within the meaning of the Inquiries Act 2014.
3Tribunal decisions may be reviewed
Any person affected by a decision of a tribunal may make application (hereinafter called an application for review) to the Supreme Court for an order calling on the tribunal or the members thereof…