Project 26(II) - Judicial review of administrative decisions

Independent report
Commenced: 1971; Completed: 1986
Last updated:

The conduct of this reference was taken over by the Commission when it was formally established to replace the Committee in January 1973. This Part deals with review of administrative action by way of the supervisory jurisdiction of the Supreme Court.

During 1979 a Registrar of the Supreme Court was briefed to complete a study of the law and procedure in Western Australia relating to the supervisory jurisdiction of the Supreme Court. This study was used to prepare a working paper, which discussed the desirability of codifying the grounds of judicial review of administrative action and certain procedural changes.

Terms of Reference

In 1971 the Committee was asked to recommend the principles and procedures which should apply in Western Australia in relation to the review of administrative decisions both by way of appeal and by way of the supervisory jurisdiction of the Supreme Court.

Outcomes

There has been no legislative action to date. The recommendations remain current; however, in 2005 the Commission was given a further reference, Judicial Review of Administrative Decisions (Project No. 95) which was aimed at comprehensively reforming the law and procedures pertaining to the judicial review of administrative decisions on their merits.