Judicial Review Act 2000 (Tas)

Judicial Review Act 2000

An Act relating to the review on questions of law of certain administrative decisions [Royal Assent 14 July 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Judicial Review Act 2000 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – commercial activities means activities conducted on a commercial basis; Court means the Supreme Court; duty includes a duty imposed on a person in the person's capacity as a servant of the Crown; enactment means an Act or statutory rule, and includes a part of an Act or statutory rule; judge means a judge of the Supreme Court; order of review means an order on an application made – (a) under section 17 relating to a decision; or (b) under section 18 relating to conduct engaged in for the purpose of making a decision; or (c) under section 19 relating to a failure to make a decision; reasons means – (a) findings on material questions of fact relating to a decision; and (b) a reference to the evidence or other material on which any such findings were based – as well as the reasons for the decision; review, in Part 2 , includes a review by way of – (a) reconsideration, re-hearing or appeal; or (b) the grant of an injunction or a prerogative writ or statutory order; or (c) the making of a declaratory or other order; reviewable matter means – (a) a decision; or (b) conduct, including conduct engaged in for the purpose of making a decision; or (c) a failure to make a decision or to perform a duty according to law; rules of court means the rules of court of the Supreme Court; statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority; statutory rule means a statutory rule within the meaning of the Rules Publication Act 1953 .