Queensland Consolidated Acts

JUDICIAL REVIEW ACT 1991

- As at 2 August 2024 
- Act 100 of 1991 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introductory

   1.      Short title

           Division 2 - Interpretation

   3.      Definitions
   4.      Meaning of decision to which this Act applies
   5.      Meaning of making of a decision and failure to make a decision
   6.      Making of report or recommendation is making of a decision
   7.      Meaning of person aggrieved
   8.      Conduct engaged in for making decision—preparatory acts
   9.      Power conferred by enactment—non-statutory scheme or program

           Division 3 - Relationship with other review rights

   10.     Rights conferred by Act additional to other review rights
   11.     When application for other review may be dismissed
   12.     When application for statutory order of review may be dismissed
   13.     When application for statutory order of review must be dismissed
   14.     When application for statutory order of review concerning interim initial proceeding must be dismissed
   15.     Exercise of powers under div 3

           Division 4 - Relationship with other laws

   16.     Commonwealth Administrative Decisions (Judicial Review) Act
   17.     (Repealed)
   18.     Operation of other laws

           Division 5 - Application of Act

   18A.    Application of Act to GOCs, rail government entities and State electricity entities
   18B.    (Repealed)
   18C.    Application of Act to State and relevant entity under Transport Infrastructure Act 1994

   PART 2 - JURISDICTION

   19.     Jurisdiction of Supreme Court

   PART 3 - STATUTORY ORDERS OF REVIEW

   20.     Application for review of decision
   21.     Application for review of conduct related to making of decision
   22.     Application in relation to failure to make decision
   23.     Meaning of improper exercise of power (ss 20(2)(e) and 21(2)(e))
   24.     Decisions without justification—establishing ground (ss 20(2)(h) and 21(2)(h))
   25.     Way of making application
   26.     Period within which application must be made
   27.     Applicant not limited to grounds in application
   28.     Application to be made party to proceeding
   29.     Stay of decision
   30.     Powers of the court in relation to applications for order of review

   PART 4 - REASONS FOR DECISION

   31.     Decision to which part applies
   32.     Request for statement of reasons
   33.     Decision-maker must comply with request except in certain circumstances
   34.     Content of statement
   35.     Exception for information relating to personal or business affairs
   36.     Exception for information covered by Attorney-General’s certificate
   37.     Consequences of s 35 or 36 applying to information
   38.     Application for order to comply
   39.     Application for order that person not entitled to statement
   40.     Application for further statement

   PART 5 - PREROGATIVE ORDERS AND INJUNCTIONS

   41.     Certain prerogative writs not to be issued
   42.     Abolition of quo warranto
   43.     Application for review
   44.     Who may make application
   45.     Way of making application
   46.     Time of making application
   47.     Powers of court

   PART 6 - MISCELLANEOUS

   48.     Power of the court to stay or dismiss applications in certain circumstances
   49.     Costs—review application
   50.     Costs—application for reasons for decision
   51.     Intervention by Attorney-General
   52.     Change in occupancy of office
   53.     Respondent to applications concerning decisions of Governor in Council
   54.     Amendment of documents
   55.     (Repealed)
   56.     Strict compliance with rules not required
   57.     No filing fee for application for reasons for decision

   PART 7 - DECLARATIONS

   58.     Small Claims Tribunals Act 1973 reference
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 6