Western Australian Current Acts Western Australian Current Acts (1) In this section
—
judicial review proceedings means proceedings in
which any of the following is sought —
(a) a
writ of certiorari, mandamus, or prohibition;
(b)
another prerogative writ;
(c) a
declaratory judgment.
(2) The right given by
an enabling Act or section 44(3) to have a decision reviewed by the Tribunal
does not exclude any right to take judicial review proceedings in relation to
the decision.
(3) However —
(a) a
Tribunal proceeding for the review of a reviewable decision cannot be
commenced at the same time as judicial review proceedings are commenced in
relation to the decision; and
(b) if a
Tribunal proceeding for the review of a reviewable decision has commenced,
judicial review proceedings cannot subsequently be commenced in relation to
the decision; and
(c) if
judicial review proceedings have commenced in relation to a reviewable
decision, a Tribunal proceeding for the review of the decision cannot
subsequently be commenced.
(4) Subsection (3)(b)
applies both during the Tribunal proceeding and after the proceeding has ended
but —
(a) it
does not apply if the proceeding is struck out under section 50(1) because the
Tribunal considers that judicial review proceedings would be more appropriate;
and
(b) it
does not affect judicial review proceedings in relation to the decision of the
Tribunal.
(5) Subsection (3)(c)
applies both during the judicial review proceedings and after those
proceedings have ended but it does not apply if they are dismissed or struck
out —
(a)
because of procedural defects and not on their substantive merits; or
(b)
because the court considers them to be inappropriate or considers that a
Tribunal proceeding would be more appropriate.
(6) This section is
intended to operate even if the enactment which gives a right to have a
decision reviewed by the Tribunal was enacted after the commencement of this
section.