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This is a Bill, not an Act. For current law, see the Acts databases.
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Shane Rattenbury)
Contents
Page
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Shane Rattenbury)
Administrative Decisions (Judicial Review) Amendment Bill 2013
A Bill for
An Act to amend the Administrative Decisions (Judicial Review) Act 1989
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Administrative Decisions (Judicial Review) Amendment Act 2013.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the Administrative Decisions (Judicial Review) Act 1989
.
omit
For example, the signpost definition ‘person aggrieved—see section 3B.’ means that the term ‘person aggrieved’ is defined that section.
substitute
For example, the signpost definition ‘conduct engaged in for the purpose of making a decision—see section 3C.’ means that the term ‘conduct engaged in’ is defined in that section.
5 Meaning of person
aggrieved
Section 3B
omit
insert
4A Who may make an application under this Act
(1) An eligible person may make an application under this Act.
(2) However, the person may not make an application if—
(a) the enactment to which the subject matter of the application relates states that the subject matter may not be challenged by the person; or
(b) all of the following apply:
(i) the interests of the eligible person are not adversely affected by the decision;
(ii) the subject matter of the application is a decision about an individual;
(iii) an order of review in relation to the decision may prejudicially affect the individual;
(iv) the application fails to raise a significant issue of public importance.
(3) The Supreme Court may at any time, on application by a party, refuse to hear the application or dismiss the application if satisfied that the applicant is not an eligible person.
(4) In this section:
prejudicially affect, an individual, includes—
(a) adversely affect the rights of the individual; or
(b) impose a liability on the individual.
7 Applications for review of
decisions
Section 5 (1)
omit everything before paragraph (a), substitute
(1) An eligible person may apply to the Supreme Court for an order of review in relation to a decision to which this Act applies on 1 or more of the following grounds:
8 Applications for review of conduct
related to making of decisions
Section 6 (1)
omit
a person aggrieved by the conduct
substitute
an eligible person
9 Applications for failures to make
decisions
Section 7 (1)
omit
a person aggrieved by the failure to make the decision
substitute
an eligible person
omit
a person aggrieved by the failure
substitute
an eligible person
11 Application to be made a party to a
proceeding
Section 12 (1)
substitute
(1) An eligible person may apply to the Supreme Court to be made a party to an application made under this Act.
insert
19A Intervention by other people
(1) The Supreme Court may, on application by a party or its own initiative, give leave to a person (an intervener) to intervene in a proceeding under this Act.
(2) In considering whether to give leave, the Supreme Court—
(a) must have regard to the following:
(i) whether the intervener’s contribution is different from the contribution of the parties to the proceeding;
(ii) whether the intervener’s contribution is likely to be useful to the court;
(iii) whether the intervention will unreasonably interfere with the ability of someone who has a private interest in the subject matter of the application to deal with it differently or at all; and
(b) may have regard to any other matter the court considers relevant.
(3) The Supreme Court may give leave subject to conditions.
(4) There is no right of appeal in relation to a decision of the Supreme Court under this section.
insert
• corporation
• individual
14 Dictionary, new definition of eligible person
insert
eligible person, for an application under this Act, means—
(a) an individual; or
(b) a corporation; or
(c) an unincorporated organisation or association if the subject matter of the application relates to a matter that forms part of the objects or purposes of the organisation or association.
15 Dictionary, definition of person aggrieved
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 16 May 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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