Administrative Decisions (Judicial Review) Act 1977

SECTION 9A   LIMITATION OF JURISDICTION TO REVIEW RELATED CRIMINAL JUSTICE PROCESS DECISIONS  

9A(1)   [ Jurisdiction limited]  

Subject to subsection (2), at any time when:

(a) a prosecution for an offence against a law of the Commonwealth, a State or a Territory is before any court; or

(b) an appeal arising out of such a prosecution is before any court;

no court has jurisdiction to hear, continue to hear or determine an application under this Act, by the person who is or was the defendant in the prosecution, in relation to a related criminal justice process decision.

9A(2)   [ Where application commenced]  

Subsection (1) does not apply if an applicant has commenced an application under this Act before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory.

9A(3)   [ Stay of proceedings]  

Where subsection (2) applies, the prosecutor may apply to the court for a permanent stay of proceedings in the hearing and determination of the application and the court may grant such a stay if the court determines that:

(a) the matters that are the subject of the application are more appropriately dealt with in the criminal justice process; and

(b) a stay of proceedings will not substantially prejudice the applicant.

9A(4)   [ Definitions]  

In this section:

appeal
includes an application for a new trial and a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge.

related criminal justice process decision
, in relation to an offence, means:

(a) a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including:

(i) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and

(ii) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and

(iii) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and

(iv) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and

(v) a decision in connection with an appeal arising out of the prosecution; or

(b) a decision of the Attorney-General to give a certificate under section 26 or 28 of the National Security Information (Criminal and Civil Proceedings) Act 2004 before or during a federal criminal proceeding (within the meaning of that Act) in relation to the offence.

Note:

A decision to prosecute a person for an offence is not reviewable under this Act: see paragraph (xa) of Schedule 1.