Administrative Decisions (Judicial Review) Act 1977
SECTION 10
RIGHTS CONFERRED BY THIS ACT TO BE ADDITIONAL TO OTHER RIGHTS
10(1)
The rights conferred by sections 5 , 6 and 7 on a person to make an application to the Federal Court or the Federal Circuit Court in respect of a decision, in respect of conduct engaged in for the purpose of making a decision or in respect of a failure to make a decision: (a) are in addition to, and not in derogation of, any other rights that the person has to seek a review, whether by the court, by another court, or by another tribunal, authority or person, of that decision, conduct or failure; and (b) shall be disregarded for the purposes of the application of subsection 6(3) of the Ombudsman Act 1976 and section 40TF of the Australian Federal Police Act 1979 .
10(2)
Notwithstanding subsection (1): (a) the Federal Court or the Federal Circuit Court, or any other court, may, in a proceeding instituted otherwise than under this Act, in its discretion, refuse to grant an application for a review of a decision, conduct engaged in for the purpose of making a decision, or a failure to make a decision, for the reason that an application has been made to the Federal Court or the Federal Circuit Court under section 5 , 6 or 7 in respect of that decision, conduct or failure; and (b) the Federal Court or the Federal Circuit Court may, in its discretion, refuse to grant an application under section 5 , 6 or 7 that was made to the court in respect of a decision, in respect of conduct engaged in for the purpose of making a decision, or in respect of a failure to make a decision, for the reason:
10(3)
In this section, " review " includes a review by way of reconsideration, re-hearing, appeal, the grant of an injunction or of a prerogative or statutory writ or the making of a declaratory or other order.
The rights conferred by sections 5 , 6 and 7 on a person to make an application to the Federal Court or the Federal Circuit Court in respect of a decision, in respect of conduct engaged in for the purpose of making a decision or in respect of a failure to make a decision: (a) are in addition to, and not in derogation of, any other rights that the person has to seek a review, whether by the court, by another court, or by another tribunal, authority or person, of that decision, conduct or failure; and (b) shall be disregarded for the purposes of the application of subsection 6(3) of the Ombudsman Act 1976 and section 40TF of the Australian Federal Police Act 1979 .
View history note
Hide history noteNotwithstanding subsection (1): (a) the Federal Court or the Federal Circuit Court, or any other court, may, in a proceeding instituted otherwise than under this Act, in its discretion, refuse to grant an application for a review of a decision, conduct engaged in for the purpose of making a decision, or a failure to make a decision, for the reason that an application has been made to the Federal Court or the Federal Circuit Court under section 5 , 6 or 7 in respect of that decision, conduct or failure; and (b) the Federal Court or the Federal Circuit Court may, in its discretion, refuse to grant an application under section 5 , 6 or 7 that was made to the court in respect of a decision, in respect of conduct engaged in for the purpose of making a decision, or in respect of a failure to make a decision, for the reason:
(i) that the applicant has sought a review by the court, or by another court, of that decision, conduct or failure otherwise than under this Act; or
(ii) that adequate provision is made by any law other than this Act under which the applicant is entitled to seek a review by the court, by another court, or by another tribunal, authority or person, of that decision, conduct or failure.
In this section, " review " includes a review by way of reconsideration, re-hearing, appeal, the grant of an injunction or of a prerogative or statutory writ or the making of a declaratory or other order.
[ CCH Note: S 10 will be amended by No 13 of 2021, s 3 and Sch 2 item 26, by substituting " Federal Circuit and Family Court of Australia (Division 2) " for " Federal Circuit Court " (wherever occurring), effective at the same time as the provisions covered by Federal Circuit and Family Court of Australia Act 2021 commences. However, the provisions do not commence at all if that Act does not commence.]
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