Corrigan v Parliamentary Criminal Justice Commission

Corrigan brought a challenge against the Parliamentary Criminal Justice Commission, seeking a review of the Commission's decision not to refer a complaint against the Chief Justice to the Parliamentary Criminal Justice Commissioner for investigation. The dispute was heard in the Federal Court of Australia. Corrigan argued that the Commission's decision was flawed and that it should have referred the complaint for investigation. The central issue before the court was whether the Commission's decision was of an administrative nature and thus subject to judicial review. Corrigan contended that the decision was administrative because it involved the exercise of a public function, whereas the Commission argued that the decision was a matter of policy and therefore not subject to review.

The court found that the decision in question was not of an administrative nature, and thus not subject to judicial review. It was held that the decision involved the exercise of a policy judgment rather than the application of a legal standard to specific facts. The court reasoned that the decision to refer a complaint for investigation was inherently a policy decision, and not one that could be reviewed on the basis of legality or rationality. As such, the court did not have the authority to review the decision of the Commission. Corrigan's application for review was dismissed, with costs to be assessed.