A judicial review is the process where a person who is aggrieved by an administrative decision of a state government agency or local authority seeks review. It is by application to the Supreme Court for a review of a decision that you are not happy with.
Is it an appeal?
No. A judicial review looks at whether the decision made was lawful or not by considering, for example whether the proper procedure has been followed; or whether the appropriate matters have been assessed. Unfortunately, it does not look at the fairness of the decision or whether it was meritorious.
The main remedy is to set aside the decision and refer the matter back to the decision making authority for further consideration.
What sort of decisions can be judicially reviewed?
Examples of decisions that can be judicially reviewed are – a decision of Parole Board Queensland to suspend a prisoner’s parole; or a decision to refuse funding by Legal Aid.
Is there anything I should do before making a judicial review?
Yes, you should first ask for a statement of reasons by the decision maker for the decision. Once you have filed the application with the Supreme Court, you will then need to provide a copy to the decision making agency/authority.
If I’m not satisfied, what then?
Apply to the Supreme Court for a judicial review. The form is available here. You can also request a waiver of fees if you qualify here.
Where can I get more information?
Caxton Legal Centre Inc has more information on what is involved with a judicial review. Alternatively, you can contact our lawyers who can provide you with further information about your rights.