Tasmanian Numbered Acts

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JUDICIAL REVIEW ACT 2000 (NO. 54 OF 2000) - SCHEDULE 3

- Decisions for which reasons need not be given
SCHEDULE 3 - Decisions for which reasons need not be given

Section 28

1.    Civil proceedings
Decisions relating to the institution or conduct of proceedings in civil courts or tribunals, including –
(a) decisions that relate to, or may result in, the bringing of such proceedings for the recovery of the proceeds of crime or the recovery of pecuniary penalties arising from contraventions of enactments; and
(b) decisions relating to the investigation of persons for such contraventions or the recovery of the proceeds of crime; and
(c) decisions relating to the appointment of investigators or inspectors for the purposes of such investigations; and
(d) decisions relating to the issue of search warrants under enactments; and
(e) decisions under enactments requiring –
(i) the production of documents or things; or
(ii) the giving of information; or
(iii) the summoning of persons as witnesses.
2.    Recovery proceedings
Decisions relating to the enforcement of judgments or orders for the recovery of amounts by –
(a) the State, a statutory authority or a council; or
(b) an officer or employee of the State, a statutory authority or a council.
3.    Personnel management
Decisions relating to personnel management (including recruitment, training, promotion and organisation) relating to –
(a) the State Service; or
(b) any other service established by an enactment; or
(c) the staff of a statutory authority or council –
other than a decision relating to, and having regard to the particular characteristics of, or other circumstances relating to, a particular person.
4.    Appointment decisions
Decisions relating to –
(a) the making of appointments –
(i) in the State Service; or
(ii) in another service established by an enactment; or
(iii) to the staff of a statutory authority or council; and
(b) the engagement of persons as employees –
(i) under the Tasmanian State Service Act 1984 ; or
(ii) under another enactment that establishes a service; or
(iii) by a statutory authority or council; and
(c) the making of appointments under an enactment or to an office established by, or under, an enactment.
5.    Decisions of Commissioner for Police
Decisions of the Commissioner for Police relating to –
(a) the making of an appointment of a police officer or on promotion of a police officer; or
(b) the making of a selection of a police officer for –
(i) a transfer; or
(ii) the temporary performance of duties; or
(c) an appeal against a police officer's promotion or selection for the temporary performance of duties.
6.    Industrial matters
Decisions relating to the prevention or settlement of industrial disputes, or otherwise relating to industrial matters, relating to –
(a) the State Service; or
(b) another service established by an enactment; or
(c) the staff of a statutory authority or council.
7.    Council budgets
Decisions relating to the framing of budgets by councils.
8.    Council rates
Decisions relating to the exercise of the power of councils –
(a) to make and levy rates; or
(b) to impose fees, charges, fares, rents and dues.
9.    Tendering and awarding of contracts
Decisions relating to –
(a) the selection of a tenderer following the conduct of a competitive tendering process; and
(b) the awarding of contracts.
10.    Commercial activities of Government Business Enterprises and certain statutory authorities
(1) Decisions of Government Business Enterprises, within the meaning of the Government Business Enterprises Act 1995 , relating to their commercial activities.
(2) Decisions of either one of the following statutory authorities relating to its commercial activities:
(a) TAFE Tasmania;
(b) Tourism Tasmania.


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