ADJRAdministrative Decisions (Judicial Review) Act (Commonwealth of Australia)
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(102) In Australia, judicial review was in general given a more palpably statutory footing with the enactment of the ADJR Act and legislation at the state level.
(97) The same reasoning has applied to the Act's standing test by the Federal Court (98) and, although there is no High Court authority expressly endorsing these statements, precedent on standing under the ADJR Act and common law tend to be used interchangeably, including by the High Court.
(15) As has been well documented, and criticised, (16) the majority of the High Court (17) concluded that availability of review under the ADJR Act, which depends on whether a decision is 'made under' relevant legislation, requires:
On 21 January 2013, TNC requested a statement of reasons pursuant to s 13 of the ADJR Act which the Minister provided.
It thus transpired that there were two, almost equally convenient, paths to judicial review--via the ADJR Act and via the constitutional writs--and, critically, the latter path was constitutionally entrenched.
The enactment of the Administrative Decisions (Judicial Review) Act 1977 (Cth) ('ADJR Act') was an important milestone in the evolution of Australian administrative law.
(98) Kirby J observed in Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59, 94 [157] that the 'effects of the ADJR Act were overwhelmingly beneficial and review of federal administrative action was more commonly pursued under that Act than had been the case under the earlier common law.
Several other states and territories have enacted a judicial review statute that is modelled upon the Administrative Decisions (Judicial Review) Act 1977 (Cth) ('ADJR Act'), and the ALA does not appear to have influenced these statutes.
Table 2 First instance judicial review filings in the Federal Court of Australia (excluding appeals) 2002-03 2003-04 2004-05 2005-06 2006-07 ADJR Act 31 33 25 28 52 Judiciary Act 2 4 139 79 33 2007-08 2008-09 2009-10 2010-11 ADJR Act 74 45 44 41 Judiciary Act 30 37 42 31
CONTENTS I Introduction II Statutory Reform of Judicial Review in Canada and Australia A Ontario B Australia C Case Study: Judicial Review of Government Tendering Decisions D Concluding Observations on the Interpretation of the ADJR Act and Related Legislation 1 Broader Policy Issues 2 Practical Considerations Arising from the Drafting of the ADJR Act III Judicial Attitudes to Declaratory Relief--Australia and England IV Conclusions I INTRODUCTION
In its recent important report, Federal Judicial Review In Australia, (36) the Administrative Review Council (ARC) made a series of recommendations aimed at restoring the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act) to a central place in the federal judicial review system.