Challenging Decisions in Qld: Judicial Review
This fact sheet outlines how to challenge decisions made by the Queensland Government. It
explains the types of decisions that can be challenged, who can apply for judicial review of a
decision and the legal basis for seeking a review. It also sets out how to request a statement
of reasons and the possible risks of commencing proceedings. It is useful for anyone seeking
to challenge the legal validity of a decision made by the Queensland Government.
Key takeaways
You may be an “aggrieved person” if your interests are adversely affected by a decision or if you have a ‘special interest’ in the decision
Decisions can be reviewed by the Supreme Court if they are administrative, made under an Act of Parliament, final or operative and determinative and confer or alter legal rights or obligations
Some decisions are exempt from judicial review
There are several reasons why a decision could be declared invalid
A successful judicial review may not change the ultimate outcome ie the same decision could be made again without the legal error
There are cost risks involved in judicial review proceedings
Key actions
Review the decision
Request a Statement of Reasons for the decision from the decision-maker
Annexure A to the Factsheet contains a template for requesting a statement of reasons
Obtain comprehensive legal advice on whether there are any grounds for review and the cost risks involved in litigation
