Eastman v Miles

In Eastman v Miles, the applicant sought judicial review of the first respondent's decisions not to direct an inquiry under section 475 of the Crimes Act 1900 (ACT) into the circumstances of his conviction for murder. The High Court was tasked with determining whether the refusal to direct such an inquiry constituted a reviewable decision and whether the failure to decide on the matter amounted to a refusal to decide, and if there was any apprehended bias in the decision-making process.

The central legal issue was whether the refusal to direct an inquiry, when there was no perception of doubt or question raised by the applicant, constituted a reviewable decision. The Court examined whether a refusal to decide was distinguishable from a failure to decide, and if there was a precondition for the power to be exercised. It was necessary to distinguish between a refusal to decide and a failure to decide, as highlighted in the case of Right to Life Association (NSW) Inc v Secretary Department of Human Services & Health & Anor (1995) 56 FCR 50. Additionally, the Court needed to determine if there were any allegations of bias that could affect the decision-making process.

The Court held that the refusal to direct an inquiry did not constitute a reviewable decision because there was no requirement for the perception of doubt or question to be raised by the applicant. The distinction between a refusal to decide and a failure to decide was considered, but the Court found that in this case, the decision-maker had not refused to decide but had simply not made a decision when there was no basis for exercising the power. Furthermore, the Court dismissed the allegation of bias, as the applicant had not raised any issue of apprehended bias in relation to the decision-maker.

The Court dismissed the applications for orders of review in respect of the first respondent's decisions not to direct an inquiry under section 475 of the Crimes Act 1900 (ACT). The Court found that there was no reviewable decision, no failure or refusal to decide, and no apprehended bias in the decision-making process.