Open slather to review planning and other ACT government decisions?
The Administrative Decisions (Judicial Review) Amendment Bill 2013 primarily seeks to eliminate the requirement that only a ‘person aggrieved’ by a government decision (including a DA approval or call in) can seek review of that decision by a court. In doing so, the bill seeks to broaden the number and categories of persons able to seek judicial review of an approval or other government decision. The bill also authorises the court to allow interveners (almost anyone it appears) to join in the proceedings.
The Administrative Decisions (Judicial Review) Act 1989 (ADJR Act) like similar laws in other jurisdictions allows a “person aggrieved” by a decision under an enactment by the ACT government to seek review of that decision by the ACT Supreme Court.
While the ADJR Act does not allow the Court to decide whether the decision is the preferable one (ie merits review undertaken by the ACT Civil and Administrative Tribunal), it does allow a Court to review the decision making process and make a finding whether or not the decision was properly made according to the law…
If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from King & Wood Mallesons
News from The Lawyer
Briefings from King & Wood Mallesons
Principals and contractors need to be aware that in not registering security interests under the PPSA 2009, they may risk serious consequences.
The New Companies Ordinance (NCO) will come into effect on 3 March 2014. It includes changes that affect the way documents may be executed.
Analysis from The Lawyer
Shanghai’s ground-breaking Pilot Free Trade Zone could mark the beginning of the long-awaited liberalisation of China’s legal services sector.
Hong Kong IPO activity is hotting up again, but UK legal stalwarts are looking over their shoulders as US rivals make up ground fast