Judicial Review

Judicial review is the review by a court of a decision made by government decision-maker to ensure the decision is legal, reasonable and fair. Judicial review seeks to determine whether an administrative decision was properly made by focusing on the law, rather than on the merits of the decision.

A court will need to consider whether the decision-making process was consistent with natural justice, whether factors considered by the decision-maker were correct under the legislation, and whether the decision-maker acted within their powers.

Judicial review can be carried out at a state level as well as at a federal level. Judicial review can involve a range of different types of government decisions, including immigration law decisions, child protection decisions, Centrelink decisions and housing department decisions.