The Judicial Review Act

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The Judicial Review Act allows for the review of decisions made by judges.

The Judicial Review Act of 1991 is a law in Australia that affects the way laws and judicial decisions are made and reviewed for questions of unethical conduct. The act states the reasons judicial decisions may be reviewed and the procedure to be followed for reviewing the decision.

  1. Features

    • Appellants may appeal decisions that are made, or going to be made, on the ground that the decision is unlawful, the judge did not have proper jurisdiction or the decision was induced by fraud. Appellants may also file actions under this act when judges fail to make decisions.

    Procedure

    • The application for appeal must be made within 28 days of the decision or failure to issue a judicial decision. The application is reviewed for completeness and the judicial decision is reviewed. The reviewer of the judicial decision may decide to quash the decision, direct that further review be necessary or order a decision be made if a decision is not yet made.

    History

    • The Judicial Review Act of 1991 has been amended more than 40 times since its creation.

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  • Photo Credit law courts image by Peter Helin from Fotolia.com

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