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Should we follow the gospel of the Administrative Decisions (Judicial Review) Act 1977 (Cth)?

journal contribution
posted on 2010-01-01, 00:00 authored by Matthew GrovesMatthew Groves
The Administrative Decisions (Judicial Review Act) 1977 (Cth) marked a radical reform of judicial review of administrative action in Australia. The Act introduced a statutory procedure for judicial review which was designed to provide a better alternative to judicial review at common law. The Act simplified the procedure for judicial review applications, codified the grounds of review and introduced important new rights such as the right to reasons for decisions amenable to review under the Act. In the first decade or so of its operation, the Act became the primary vehicle for judicial review at the federal level. It also served as a model for reform for several states and territories, which enacted judicial review statutes that were based closely on the federal statute. This article examines why the influence of the Act has faltered in recent years. It concludes that some parts of the Act should be radically reformed, so that statutory judicial review at the federal level may once again provide the simple and attractive avenues of review that were its original purpose.

History

Journal

Melbourne University law review

Volume

34

Issue

3

Pagination

736 - 772

Publisher

Melbourne University Law Review Association

Location

Melbourne, Vic.

ISSN

0025-8938

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

2010, University of Melbourne Law School

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