Administrative Decisions (Judicial Review) Act 1977
The rights conferred by sections 5 , 6 and 7 on a person to make an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) in respect of a decision, in respect of conduct engaged in for the purpose of making a decision or in respect of a failure to make a decision: (a) are in addition to, and not in derogation of, any other rights that the person has to seek a review, whether by the court, by another court, or by another tribunal, authority or person, of that decision, conduct or failure; and (b) shall be disregarded for the purposes of the application of subsection 6(3) of the Ombudsman Act 1976 and section 40TF of the Australian Federal Police Act 1979 .
View history note
Hide history note10(2)
Notwithstanding subsection (1) : (a) the Federal Court or the Federal Circuit and Family Court of Australia (Division 2), or any other court, may, in a proceeding instituted otherwise than under this Act, in its discretion, refuse to grant an application for a review of a decision, conduct engaged in for the purpose of making a decision, or a failure to make a decision, for the reason that an application has been made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under section 5 , 6 or 7 in respect of that decision, conduct or failure; and (b) the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, in its discretion, refuse to grant an application under section 5 , 6 or 7 that was made to the court in respect of a decision, in respect of conduct engaged in for the purpose of making a decision, or in respect of a failure to make a decision, for the reason:
(i) that the applicant has sought a review by the court, or by another court, of that decision, conduct or failure otherwise than under this Act; or
(ii) that adequate provision is made by any law other than this Act under which the applicant is entitled to seek a review by the court, by another court, or by another tribunal, authority or person, of that decision, conduct or failure.
10(3)
In this section, " review " includes a review by way of reconsideration, re-hearing, appeal, the grant of an injunction or of a prerogative or statutory writ or the making of a declaratory or other order.
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