What is judicial review in Australia?
Judicial review is the court's supervisory jurisdiction over government and administrative decisions, focused on legality (process, jurisdiction, error of law) rather than the merits of the decision. At Commonwealth level it is governed by the Administrative Decisions (Judicial Review) Act 1977 (Cth) and section 75(v) of the Constitution. States have equivalents (Supreme Court Act, UCPR, Administrative Decisions Review Acts). Judicial review can set aside a decision but cannot substitute a different decision on the merits.
Grounds under the ADJR Act
Under section 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth), grounds include: breach of the rules of natural justice; failure to observe procedures required by law; decision-maker did not have jurisdiction; decision was not authorised by the enactment; error of law; improper exercise of power (taking into account irrelevant considerations, failing to take into account relevant considerations, exercising power for improper purpose); no evidence for decision; decision induced or affected by fraud.
Common law and constitutional writs
Beyond the ADJR Act, judicial review is available under section 75(v) of the Constitution (High Court original jurisdiction) and section 39B of the Judiciary Act 1903 (Cth) (Federal Court). The traditional "constitutional writs" — certiorari, prohibition, mandamus — continue to be available where ADJR is excluded.
Judicial review vs merits review
Judicial review is limited to legality. Merits review — asking "was this the correct or preferable decision?" — is the role of tribunals like the Administrative Appeals Tribunal (now Administrative Review Tribunal under the Administrative Review Tribunal Act 2024 (Cth)) or state tribunals (NCAT, VCAT, QCAT). Merits review is not available as of right — it depends on specific statutory provision.
How I support administrative law practice
I help admin law lawyers draft applications for judicial review, identify ADJR and constitutional writ grounds, and prepare evidence in support. For public law boutiques this can cut preparation time on complex multi-ground challenges substantially.
Common issues
- Time limits are short — 28 days from notification of decision under ADJR section 11
- Standing is a threshold issue — the applicant must show "person aggrieved" status
- Grounds of review must be pleaded with precision — a kitchen-sink approach is counterproductive
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