"What is judicial review?"

Judicial review is when a court is asked to decide on the lawfulness of a decision made by the Australian Government or a government department. It plays an important role in Australia’s system of government by ensuring the accountability of the Government.

A person seeking to obtain judicial review of an Australian Government action must sue the Government in the High Court of Australia or the Federal Court of Australia

The court will then decide if the Government decision was legal and if the Government had the power to make the decision. The court will also check that the action was made fairly, without bias and all relevant information was taken into account.

If the court finds that a Government decision was unlawful, the decision will be overturned and the Government can be forced to re-make the decision according to the law. 

You can find more information about judicial review at the Law Handbook website

diagram to help explain What is judicial review?