Royal Commissions and Inquiries (Consequential Provisions) Act 1991 (ACT)

In the Australian Capital Territory, a matter arose concerning the applicability of the Administrative Decisions (Judicial Review) Act 1989 to decisions made under the Royal Commissions Act 1991 and the Inquiries Act 1991. This was addressed in the Royal Commissions and Inquiries (Consequential Provisions) Act 1991, which repealed the Enquiry Act 1938 and made various amendments to other acts in consequence. The central legal issue before the court was whether the exclusion of decisions made under the Royal Commissions Act 1991 and the Inquiries Act 1991 from the purview of the Administrative Decisions (Judicial Review) Act 1989 was valid and consistent with the intent of the consequential amendments.

The court examined the text of the Royal Commissions and Inquiries (Consequential Provisions) Act 1991 and found that it clearly excluded decisions made under the Royal Commissions Act 1991 and the Inquiries Act 1991 from the scope of the Administrative Decisions (Judicial Review) Act 1989. This exclusion was reinforced by the specific references to these Acts in the Schedule of the consequential provisions Act. The court concluded that the amendments were consistent with the broader legislative framework and intended to establish a distinct regime for the review of decisions made by Royal Commissions and Boards of Inquiry. Therefore, the exclusion was deemed valid and in line with the legislative intent.

Given the clear statutory language and the specific amendments made by the Royal Commissions and Inquiries (Consequential Provisions) Act 1991, the court held that decisions made under the Royal Commissions Act 1991 and the Inquiries Act 1991 were indeed outside the scope of the Administrative Decisions (Judicial Review) Act 1989. Consequently, the court ruled in favour of the exclusion, affirming the validity of the legislative amendments.