Federal Court of Australia
Federal Court of Australia
Brooks v Operator, National Redress Scheme for Institutional Child Sexual Abuse [2024] FCA 725 File number: QUD 418 of 2023
Judgment of: LOGAN J
Date of judgment: 5 July 2024
Catchwords: ADMINISTRATIVE LAW – where the applicant applied to the respondent for redress under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) – where the respondent refused the application, refused an application for internal review and refused an application to revoke the refusal – where the applicant applies for relief under s 39B of the Judiciary Act 1903 (Cth) – where the parties have agreed that the initial refusal of the application was infected by jurisdiction error – where the parties have provided submissions providing a basis for judicial power to be exercised – whether orders promoted by consent quashing the decision and issuing a mandamus for the consideration of the applicant's redress application should be made – application allowed
Legislation: Constitution ss 61, 75 Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) s 37M Judiciary Act 1903 (Cth) s 39B National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) ss 3, 6, 9, 10, 12, 13, 16, 19, 29, 73
Cases cited: Australian Heritage Commission v Mount Isa Mines Ltd (1997) 187 CLR 297 Buck v Bavone (1976) 135 CLR 110 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Igoe v Ryan (No 2) (2020) 280 FCR 327 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610 Melbourne Steamship Co Ltd v Moorehead (1912) 15 CLR 333 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355
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