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Editors --- "The Western Australian Law Reform Commission Report on Judicial Review" [2003] AdminRw 12; (2003) 55 Admin Review 49

The Western Australian Law Reform Commission report on judicial review

In December 2002 the Western Australian Law Reform Commission published its report Judicial Review of Administrative Decisions, in which it recommended that grounds for judicial review at the state level be codified in legislation modelled on the Commonwealth’s Administrative Decisions (Judicial Review) Act 1977 with some minor modifications. Many of the proposed modifications are consistent with the Council’s 22 September 2002 submission to the inquiry; among them are the following

• expansion of the ambit of judicial review to cover decisions of state or local government officers involving public funds

• application of the legislation to decisions of the Governor

• allowing an individual whose interests have not been affected by the conduct or decision in question to initiate proceedings where the court is satisfied that it is in the public interest

• a general discretion to refuse relief and dismiss proceedings before their conclusion where appropriate.

The commission did not accept the Council’s views that there should be an express provision relating to non-justiciable decisions and that extension of the limitation period should be limited to 60 days.

The Western Australian Attorney-General, Mr Jim McGinty, has announced that the state government has accepted the recommendations of the report in full and that legislation to implement them is being prepared.

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