Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 244

244 Decisions not subject to appeal

(1) This section applies if a provision of this Act declares a decision to be not subject to appeal.

(2) Unless the Supreme Court decides the decision is affected by jurisdictional error, the decision—

(a) is final and conclusive; and

(b) can not be challenged, appealed against, reviewed, quashed, set aside or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(3) The Judicial Review Act 1991 , part 5 applies to the decision to the extent it is affected by jurisdictional error.

(4) A person who, but for subsection (2) , could have made an application under the Judicial Review Act 1991 in relation to the decision may apply under part 4 of that Act for a statement of reasons in relation to the decision.

(5) In this section—

"decision" includes—

(a) conduct related to making the decision; and

(b) a failure to make a decision.