Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1989 - SECT 17

Powers of Supreme Court in relation to applications for order of review

    (1)     On an application for an order of review in relation to a decision, the Supreme Court may, in its discretion, make all or any of the following orders:

        (a)     an order quashing or setting aside the decision, or a part of the decision, with effect from the date of the order or from the earlier or later date that the court specifies;

        (b)     an order referring the matter to which the decision relates to the person who made the decision for further consideration, subject to the directions that the court considers appropriate;

        (c)     an order declaring the rights of the parties in relation to any matter to which the decision relates;

        (d)     an order directing any of the parties to do, or to refrain from doing, anything to do justice between the parties.

    (2)     On an application for an order of review in relation to conduct that has been, is being, or is proposed to be, engaged in for the purpose of the making of a decision, the Supreme Court may, in its discretion, make either or both of the following orders:

        (a)     an order declaring the rights of the parties in relation to any matter to which the conduct relates;

        (b)     an order directing any of the parties to do, or to refrain from doing, anything to do justice between the parties.

    (3)     On an application for an order of review in relation to a failure to make a decision, or in relation to a failure to make a decision within the period within which the decision was required to be made, the Supreme Court may, in its discretion, make all or any of the following orders:

        (a)     an order directing the making of the decision;

        (b)     an order declaring the rights of the parties in relation to the making of the decision;

        (c)     an order directing any of the parties to do, or to refrain from doing, anything to do justice between the parties.

    (4)     The Supreme Court may at any time, on its own initiative or on the application of any party, revoke, vary, or suspend the operation of any order made by it under this section.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback