Cultural and Creative Industries Act 2017 (TAS)

The parties involved in this case are the Tasmanian Government and an applicant for assistance under the Cultural and Creative Industries Act 2017 (TAS). The applicant contested the decision of the Tasmanian Government to not approve a program for assistance, arguing that the decision was unreasonable and not in accordance with the Act. The matter was heard in the Supreme Court of Tasmania.

The legal issues before the court were whether the Tasmanian Government's decision to not approve the program for assistance was in accordance with the Act, and whether the decision was unreasonable. Specifically, the court had to consider whether the Secretary had provided the Minister with sufficient reasons for not requiring an expert panel to consider the application, as required by the Act. The applicant also argued that the decision was unreasonable because it was based on irrelevant considerations and failed to take into account relevant considerations.

The court found that the decision of the Tasmanian Government to not approve the program for assistance was in accordance with the Act, as the Secretary had provided the Minister with sufficient reasons for not requiring an expert panel to consider the application. The court also found that the decision was not unreasonable, as the Secretary had considered all relevant factors and had not based the decision on irrelevant considerations. The court held that the applicant had not demonstrated that the decision was unreasonable, and therefore dismissed the applicant's claims.

The final orders of the court were that the applicant's claims were dismissed, and the decision of the Tasmanian Government to not approve the program for assistance was upheld. The applicant was ordered to pay the costs of the proceedings.