Tasmanian Numbered Acts

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JUDICIAL REVIEW ACT 2000 (NO. 54 OF 2000) - SECT 13

When application for order of review concerning initial proceeding must be dismissed
Despite section 10 , but without limiting section 38 , if –
(a) an application under section 17 , 18 or 19 is made to the Court relating to a reviewable matter made or engaged in by a tribunal, authority or person in the course of a proceeding (the "initial proceeding" ) before the tribunal, authority or person (the "decision maker" ); and
(b) review of the matter is available by virtue of a provision made by a law (including this Act) under which the applicant is entitled to seek a review by the Court, another court, or another tribunal, authority or person, of any decision of the decision maker at the end of the initial proceeding; and
(c) the Court considers that it is desirable to dismiss the application in order to avoid interference with the due and orderly conduct of the initial proceeding because, in all the circumstances, the balance of convenience (including the interests of the applicant, another party or another person, the public interest and the consequences of delay in the initial proceeding) so requires; and
(d) the Court is satisfied having regard to the interests of justice that it should dismiss the application –
the Court must dismiss the application.



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