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9.2.6 Administrative Decisions (Judicial Review) Act 1977
126.96.36.199 — Under the Administrative Decisions (Judicial Review) Act 1977 [AD(JR) Act], 'a person who is aggrieved by a decision' is entitled to obtain a statement of reasons and apply to the Federal Court for a review of that decision.
188.8.131.52 — A 'person who is aggrieved' is widely interpreted to include any persons whose interests are adversely affected by the decision. Therefore, a person may apply under the AD(JR) Act for a review by the Federal Court of a decision to recover an overpayment of income support pension.
184.108.40.206 — Decisions may be reviewed by the Federal Court under the AD(JR) Act on a number of grounds, including:
- procedures required by law were not observed
- there was no evidence or other material to justify the decision
- a failure or refusal to make a decision.
220.127.116.11 — Generally a request will be treated as an AD(JR) Act request if it specifically refers to the AD(JR) Act, or if it is worded along the line of a request for a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving reasons for the decision.
18.104.22.168 — As in relation to the AAT provisions, the entitlement to obtain reasons for a decision is independent of any action being taken to have the decisions reviewed.