Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3562

    (1)     This rule applies if—

        (a)     an application is made under this part for a statutory order of review in relation to—

              (i)     a decision; or

              (ii)     conduct engaged in, or proposed to be engaged in, for the purpose of making a decision; or

              (iii)     a failure to make a decision; and

        (b)     the court considers—

              (i)     the decision is not a decision to which this Act applies as defined in the “b title="A1989-33">Judicial Review Act

, dictionary; and

              (ii)     prerogative relief or a declaration or injunction mentioned in rule 3558 (1) (Judicial review—declaration or injunction) may have been granted in relation to the decision, conduct or failure if it had been sought in an application for prerogative relief at the time of starting the application for a statutory order of review.

    (2)     The court may, instead of refusing the application, order the proceeding to continue as if it had been started as an application for prerogative relief.