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 Report 1

Administrative Decisions (Judicial Review) Act 1977 - Exclusions under Section 19, 1978

Summary of the report

The report was transmitted to the Government on 13 October 1978, and was tabled in the Parliament on 21 May 1980.

In the report, the Council identified particular classes of decisions for exclusion from the Administrative Decisions (Judicial Review) Act 1977 ('AD(JR) Act'). The Council was guided in its work by a statement of general principles, which was developed with the understanding that the AD(JR) Act did not introduce a new form of administrative review, but only modified existing judicial review. As such, the AD(JR) Act applied widely, and the Council adopted the view that 'cogent reasons are required to justify excluding a class of decisions from the beneficial operation of the Act.'

Response to the report

Many of the Council's recommendations were incorporated into the Administrative Decisions (Judicial Review) Amendment Bill 1980.

In July 1980 the Council took advantage of an invitation from the Attorney-General to comment on the Bill, which excluded more decisions than had been the subject of the Council's recommendations. The Council made a subsequent report to the Attorney-General - Report No. 9.

The Administrative Decisions (Judicial Review) Amendment Act 1980 was assented to on 1 September 1980. The AD(JR) Act, as amended, commenced on 1 October 1980.