Page 3521 - Week 12 - Thursday, 19 September 1991
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ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW)
(AMENDMENT) BILL 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (12.05): Mr Acting Speaker, I present the Administrative Decisions (Judicial Review) (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
The Administrative Decisions (Judicial Review) Act 1989 provides for review by the Supreme Court of decisions of an administrative nature made under an enactment, or failure to make a decision, or of conduct for the purpose of making a decision. A person aggrieved by way of any of the above may apply for review on grounds set out in the Act.
The Administrative Decisions (Judicial Review) (Amendment) Bill 1991 was developed under the previous Government, but has been reviewed and endorsed for introduction by this Government. The Bill will amend the judicial review Act to provide that a person who considers a decision, failure to make a decision or conduct under the Land (Planning and Environment) Bill 1991 and the Heritage Objects Bill 1991 to be contrary to law may apply for review of that decision, failure or conduct. The Bill will, in effect, remove the requirement that a person must be aggrieved by the decision, failure or conduct before that person is entitled to seek judicial review of matters arising under the new legislation.
The Bill will also extend the Supreme Court's discretion not to entertain an application for review of a matter arising under the Bills if that matter is already under review under another law or is the subject of an application for review under another law. For example, a person who has standing before the Administrative Appeals Tribunal may be seeking review of that decision in that forum. Another person who does not have standing would have to challenge the decision under the judicial review Act. This provision gives the Supreme Court a discretion not to hear the matter until the earlier review has been completed.
This Bill gives effect to concerns that there should be wide standing to seek review of administrative matters in respect of planning and land use matters. Mr Acting Speaker, I present the explanatory memorandum for the Bill.
Debate (on motion by Mrs Nolan) adjourned.
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