ADJRAdministrative Decisions (Judicial Review) Act (Commonwealth of Australia)
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This approach reflected, if not expressly adopted, cases where the courts have been hesitant to use the ADJR Act to interfere with the contractual nature of any rights and obligations of the parties to a government contract.
The ADJR Act was a central part of a series of sweeping reforms to administrative law at the federal level and a remarkable reform in its own right.
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 ADJR Act resolves this issue by enabling review of both decisions and conduct related to the making of decisions.
The term 'judicial review' is used in this paper to encompass review of the legality of public decision-making via the prerogative and constitutional writs (and orders in the nature of those remedies), declaratory and injunctive relief, and the ADJR Act and legislation modelled upon it.
A decision of the Board of Patent Attorneys that a candidate had failed examinations in two subjects was held to be a decision of 'an administrative character' within the meaning of the ADJR Act.
However, I consider that, in one significant respect, the ARC has missed an opportunity to further restore the primacy of the ADJR Act.
It then examines the approach adopted by the Full Federal Court in relation to two key judicial review grounds under the ADJR Act, namely, errors of law and the 'no evidence' ground.
The main statutory avenue of judicial review at the federal level, which is the ADJR Act, (212) presents further obstacles to innovations in judicial review.
The increased use of common law avenues for review, particularly in the migration jurisdiction, has led to a marked decline in the use of the ADJR Act.
The essential elements of the far-reaching reforms were the establishment of an Administrative Appeals Tribunal to provide independent merits review, judicial review on simplified grounds under the ADJR Act, the Freedom of Information Act 1982 (Cth), an Ombudsman and an Administrative Review Council.
Judicial review actions are brought under the Administrative Decisions (Judicial Review) Act 1977 (Cth) ('ADJR Act') meaning that the other administrative law requirements of the ADJR Act, such as the obligation to furnish reasons on request, are also applicable to EPBC Act decision-making.