Australian Capital Territory Current Acts

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1989 - SECT 8

    (1)     The rights given by section 5, section 6 and section 7 to a person to seek an order for review—

        (a)     are additional to the rights of the person to seek a review in another way; and

        (b)     must be disregarded for the Ombudsman Act 1989

, section 6 (6).

    (2)     However—

        (a)     the Supreme Court or any other court may, in a proceeding brought otherwise than under this Act, refuse to grant an application for review in relation to a matter if an application for review of that matter has been made to the Supreme Court under section 5, section 6 or section 7; and

        (b)     the Supreme Court may, in its discretion, refuse to grant an application for review of a matter under section 5, section 6 or section 7 if—

              (i)     the applicant has sought a review by a court including the Supreme Court of the matter otherwise than under this Act; or

              (ii)     adequate provision is made by a law other than this Act under which the applicant is entitled to seek a review of that matter; or

              (iii)     the matter to which the application relates arises under the Planning Act 2023

or the Heritage Act 2004

and is a matter being reviewed, or for which application has been made for review, under a law other than this Act, whether on the application of the person who has made application to the Supreme Court for review of the matter under this Act or anyone else.

    (3)     In this section:

"review" includes—

        (a)     a review by way of reconsideration, rehearing or appeal; and

        (b)     the grant of an injunction; and

        (c)     the making of a prerogative order, declaration or other order.