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ADMINISTRATIVE DECISIONS REVIEW ACT 1997 - SECT 64 Application of Government policy

ADMINISTRATIVE DECISIONS REVIEW ACT 1997 - SECT 64

Application of Government policy

64 Application of Government policy

(1) In determining an application for an administrative review under this Act of an administratively reviewable decision, the Tribunal must give effect to any relevant Government policy in force at the time the administratively reviewable decision was made except to the extent that the policy is contrary to law or the policy produces an unjust decision in the circumstances of the case.
(2) The Premier or any other Minister may certify, in writing, that a particular policy was Government policy in relation to a particular matter.
(3) The certificate is evidence of the Government policy concerned and the Tribunal is to take judicial notice of the contents of that certificate.
(4) In determining an application for an administrative review under this Act of an administratively reviewable decision, the Tribunal may have regard to any other policy applied by the administrator in relation to the matter concerned except to the extent that the policy is contrary to Government policy or to law or the policy produces an unjust decision in the circumstances of the case.
(5) In this section:


"Government policy" means a policy adopted by:
(a) the Cabinet, or
(b) the Premier or any other Minister,
that is to be applied in the exercise of discretionary powers by administrators.