Judicial Review Information
The following is some general information about how to make an
Application for Judicial Review.
What is Judicial Review?
A judicial review is different from a simple review of a decision. A “Judicial Review” means that you make
an application to the Supreme Court, asking the court to set aside the decision, if the decision is unlawful.
The court will not consider the general fairness of the decision. The court cannot make a new decision
in place of the one made by the decision maker. If the decision was unlawful, the court can only set the
decision aside and then send it back to the decision maker for re-consideration.
To apply for a judicial review you need a decision:
You cannot apply for a judicial review, unless a “decision” has been made about you, which you disagree
with. “Decision” is defined in section 4 of the Judicial Review Act 1991 (JRA) as meaning: a decision of an
administrative character made under a law. This generally means a decision made by a government body,
board or tribunal, for example, a parole decision or a decision to record a breach of discipline against you.
The decision must be a decision that was provided for by the law. For example, a decision about your
parole is a decision that is made under a law (the Corrective Services Act 2006), but a decision about where
you are placed in your block or unit would not usually be a decision that could be reviewed by a judicial
review.
Statement of Reasons
The first step in considering whether you should apply for a judicial review of the decision is to write to the
decision maker and ask for a Statement of Reasons under section 32(1) of the JRA. The request should be
made to the decision maker within 28 days of receiving written notice of the decision. If you have not
been given a letter or other written notice of the decision, you must ask for the Statement of Reasons within
a reasonable time. We enclose a sample request for Statement of Reasons for your information.
Once you have written to the decision maker, they must then provide you with written reasons for the
decision within 28 days of receiving your request. The reasons should include details of the evidence relied
on, findings of fact and conclusions.
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If you are having difficulties obtaining the Statement of Reasons you are able to apply to the Supreme Court
for an order that the Statement of Reasons be provided to you. The application should be set out as shown
in the attached sample. The application must be supported by an Affidavit and you should follow the steps
listed below to complete the Affidavit. There is no filing fee payable to the court on the Application to obtain
a Statement of Reasons.
When to Apply for a Judicial Review
An Application for Judicial Review must be made within 28 days of receiving written notification of the
decision. If you requested a Statement of Reasons, then you have 28 days from receiving the Statement
of Reasons, to file an application for judicial review.
Grounds:
Before applying for a judicial review, it is important that you be able to show that you have “grounds” for the
review, under s20 of the JRA. That the decision is generally unfair is not a ground, and your application will
fail unless you are able to demonstrate one of the grounds in s20 of the JRA, which provides:
Application for review of decision
20. (1) A person who is aggrieved by a decision to which this Act applies may apply to the court for a
statutory order of review in relation to the decision.
(2) The application may be made on any one or more of the following grounds –
(a) that a breach of the rules of natural justice happened in relation to the making of the decision;
(b) that the procedures that were required by law to be observed in relation to the making of the
decision were not observed;
(c) that the person who purported to make the decision did not have jurisdiction to make the
decision;
(d) that the decision was not authorised by the enactment under which it was purported to be made;
(e) that the making of the decision was an improper exercise of the power conferred by the
enactment under which it was purported to be made;
(f) that the decision involved an error of law (whether or not the error appears on the record of the
decision);
(g) that the decision was induced or affected by fraud;
(h) that there was no evidence or other material to justify the making of the decision;
(i) that the decision was otherwise contrary to law.
(3) This section applies only to a decision made after the commencement of this Act.
The following is a brief summary of what some of the grounds mean:
(a)
that a breach of the rules of natural justice happened in relation to the making of the decision. “Natural justice”
means that when a decision is made about you, you should have:
i)
the opportunity to be heard (to put your case), in most circumstances this includes being provided
with any information the decision maker considers is negative so that you can comment on it;
and
ii)
the decision should be made by an impartial and unbiased person.
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(b) that the procedures that were required by law to be observed in relation to the making of the decision were
not observed. Where a decision has to be made in accordance with procedures set down by law, the decision
may unlawful, if those procedures have not been followed.
(e)
that the making of the decision was an improper exercise of the power conferred by the enactment under
which it was purported to be made. Under s23 of the JRA this ground includes:
1.
2.
3.
4.
5.
6.
7.
8.
9.
(h)
taking irrelevant considerations into account;
failing to take a relevant consideration into account
an exercise of a power for a purpose other than a purpose for which the power is conferred;
an exercise of a discretionary power in bad faith;
an exercise of a personal discretionary power at the direction or behest of another person;
an exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the
particular case;
an exercise of a power that is so unreasonable that no reasonable person could so exercise the power;
an exercise of a power in such a way that the result of the exercise of the power is uncertain;
any other exercise of a power in a way that is an abuse of the power.
that there was no evidence or other material to justify the making of the decision. This ground can be
made out under s24(b) of the JRA where the decision was made relying on a fact that did not exist.
Preparing Your Application
Documents:
An Application for Judicial Review requires the following documents:
1.
Application for Statutory Order of Review;
2.
Affidavit supporting the Application; and
3.
All documents referred to in your Affidavit should be exhibited to your Affidavit.
All documents are required by the Supreme Court to have a left hand margin of 2 inches (5cm); and right
hand, top and bottom margins of 1 inch (2.5cm). The font size (size of the individual letters) should be no
smaller than 10 and no larger than 12. You should complete these documents as set out below.
Application:
1. An Application for Judicial Review must be set out as shown in the attached sample (Application for
Statutory Order of Review) or the court will not accept it.
2. The Application must include the following:
(a)
(b)
(c)
(d)
(e)
The name of the applicant (yourself);
The details of the respondent (the person/agency who made the decision);
The details of the decision you wish to review and the date the decision was made;
The ground/s on which you wish the decision to be reviewed (refer to list above)
The orders (relief) you are seeking from the court.
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Affidavit:
3. You must prepare an affidavit in support of your application. A sample of an affidavit is attached.
An affidavit is simply a document that sets out, in paragraph form, the facts which you are relying on as
evidence that the decision was unlawful. These are the events that are relevant to your application.
You do not refer to the law in your affidavit. You do not list the cases or part of any Acts you want to
draw to the courts attention in your affidavit. Your affidavit should only contain the factual information
you want to the court to look at.
Your Affidavit must be sworn under oath, or affirmed in the presence of a Justice of the Peace,
Commissioner for Declarations, a solicitor or a barrister.
4. If you refer to any document in your affidavit, a copy of that document must be placed with your affidavit,
so that the court can see the evidence that you have sworn on oath. This becomes an exhibit to your
affidavit.
Exhibits:
It is a requirement that an exhibit be marked with an identifying letter eg “A”, then “B”, then “C”, etc.
The exhibit must be marked as shown on the attached sample.
5. When you have completed the application for statutory order of review and supporting affidavit (and
any exhibits) you can prepare to file the documents in the Supreme Court.
Filing the documents in the Supreme Court:
6. To file the application and supporting documents in the Supreme Court you will need the following:
(a)
(b)
(c)
(d)
The original Application for Statutory Order of Review and two photocopies ie total of three copies;
The original Affidavit and two photocopies ie total of three copies;
Any Exhibits referred to in your Affidavit and with attached marking; and
The filing fee.
The reason you require three copies of the documents in total is because the court will keep the originals
of your documents. A copy of any documents you file in the Court needs to be served on the decision
maker, the respondent (for example, if you are seeking a review of a decision by the Qld Parole Board,
then the Board will be the respondent, and must be served with the documents). The other copy of
your documents is for your personal records.
Filing Fee:
The filing fee payable to the Supreme Court is currently $802.00. This is subject to change and we
suggest that you contact the court or Prisoners’ Legal Service Inc (PLS) for the current filing fee at
the time you complete your Application. This filing fee is payable in cash, bank cheque, prisoner
trust account cheque or money order, and must be made payable to “Department of Justice and
Attorney-General”. A personal cheque is not acceptable.
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Reduced Filing Fee:
On 1 September 2011 the exemption waiver of court filing fees was abolished. It is no longer
possible to file an Application in the Supreme Court without paying at least a reduced fee. The
current reduced fee is $108.50.
If you cannot afford the full filing fee, you may apply to the court for a reduction of the filing fee. So
that the court can decide whether you should pay a reduced fee, you will need to provide sufficient
information and evidence about your financial position. You must complete the enclosed Form 131
– Application for fee reduction by an individual. Most prisoners do not meet the criteria in Part A
when filing a judicial review application. Part B is also not applicable to people in prison. You should
provide a statement setting out your grounds of financial hardship. The statement should provide
full information about whether you have the benefit of any of the following:






a wage or salary;
a savings account, and if so how much money is in the account (you should attach as
an exhibit a copy of your bank account if you have one);
a home or real estate, and if so, the details of this;
a car, and if so, details;
whether any other person is in a position to pay your filing fee;
You should include details of your prison trust account with a copy of the details
attached to the statement.
A sample statement for the filing fee reduction is attached. You only need to have two copies of
the filing fee reduction form and statement. The original is for the court to keep and a copy is for
your personal records.
7. PLS can assist you with the filing of your documents, if you are applying to the Supreme Court in
Brisbane. PLS will accept no responsibility for any errors in your documents, and will be unable to
amend your documents for you, once you have completed them. In the event that your documents are
incorrect, or if the court refuses to reduce the filing fee, your documents will be returned to you. In order
to ensure that the documents are filed within 28 days of written notification of the decision or receipt of
the Statement of Reasons, please ensure that you allow sufficient time when sending your documents,
as PLS is only able to attend at the court on a limited basis.
If you are not filing your documents in the Supreme Court at Brisbane or you do not wish for PLS to file
your documents you may file the documents by posting them to the Supreme Court. Currently, there
is no additional fee payable for filing of documents by post. You will also need to supply the court with
a stamped self-addressed envelope for the return of your documents. If you choose to file your
documents in this way you should then follow the procedures set out in this letter in relation to service
of the documents by registered mail or using the Bailiff.
Alternatively a family member or friend may be prepared to file the documents in the Supreme Court
for you.
8. The Court Registry will allocate a court file number, record the date of filing, the date and time set for
the “Directions Hearing” and the signature of the Registrar. These details will be written on your
documents by the Court Registry Clerk at the time of filing.
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Service of the documents:
9. A copy of the Application and supporting Affidavit (together with any Exhibits) must be served on the
respondent.
10. PLS can assist you with the service of your documents only if the respondent is located within the
Brisbane Central Business District. We are unable to travel to the correctional centres to serve the
documents on General Managers or other staff members at the prisons.
Service of the documents by registered mail:
You may serve the documents on the respondent by using registered mail. The procedures for this are
as follows:
1. You will need to obtain a registered mail envelope at your prison,
2. A copy of the Application, supporting Affidavit and any Exhibits must be enclosed
Service of the documents using the Supreme Court Bailiff:
You can use the Supreme Court Bailiff to serve your documents on the respondent. However, there is
a fee charged by the Bailiff that is calculated on the number of kilometres that the Bailiff has to travel to
serve the documents. We suggest that you contact the Bailiff (the Supreme Court Registry Clerk may
be able to give you this information) and get details of the fee you will have to pay before requesting
that the Bailiff serve the documents.
Service of the documents by a family member or friend:
11. Alternatively you may have a family member or friend who is willing to serve the documents for you.
The person who is serving the documents should advise the respondent or the person who accepts the
documents on behalf of the respondent (the representative) that they are there to serve the Application
for Statutory Order of Review and request the following details from the representative of the respondent
and note them down:




The name of the representative;
The position of the representative;
The date the application was served; and
The time the application was served.
12. Once service has been effected, the remaining copy of the documents should be returned to you noted
with the above four points noted on the back or top of the application.
Directions Hearing
13. On the Application you will see that the court has written in a date for a “Directions Hearing”. The
purpose of the “Directions Hearing” is to set a timetable for the management of your case. The court
will make Orders stating a date or a time frame for when the various steps in your proceedings should
be completed. This step is often completed by “Consent Orders”.
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Consent Orders are Orders that both you and the respondent agree to. That is, there is no dispute
about the timetable. The respondent’s solicitors (usually Crown Law) may send you “Draft Consent
Orders” and ask you if you agree with the timetable that they propose. “Draft Consent Orders” are a
first draft of the Orders which the respondent’s solicitors would be asking the court to make if you
were to go to court for the “Directions Hearing”. You may need to seek legal advice before deciding
whether you agree or disagree with the “Draft Consent Orders”. If you and the respondent are able to
agree, the “Consent Orders” will be filed in the Supreme Court, and you will not be required to attend
the Supreme Court for a “Directions Hearing”. The “Consent Orders” will then be sent to you by mail.
If you disagree with the “Draft Consent Orders”, you will need to make arrangements to appear in the
court on the day of the “Directions Hearing” to state what orders you would like the court to make, and
the reasons why you are seeking those particular Orders. Your appearance in court may be arranged
as a video or telephone link up. Once you have the Orders, it is up to you to ensure that each
procedure is complied within the time frame set out in the “Orders of the Court”, or the “Consent
Orders”.
14. When all steps in the Orders of the Directions Hearing have been completed, you may write to the
respondent’s solicitors, and suggest a date for the hearing of your case. If no agreement is reached,
write to the Supreme Court Registry and ask for your case to be set down for a hearing, stating the
name of the case, and the court number (see top right hand corner of your court documents).
15. The Respondent may request that you provide Further and Better Particulars if your Application does
not set out why you consider each ground of review applies to the decision. The sample Application for
a Statutory Order of Review below provides an example of how to explain the particulars of each ground
you are seeking to argue.
16. As mentioned above you do not include any information about the law in your Affidavit. All the legal
arguments you want to make including reference to any cases or legislation are set out in your Outline
of Submissions.
We trust the above information will be of assistance to you. Should you require any further information or
assistance please do not hesitate to contact PLS or another solicitor.
Contact Prisoners’ Legal Service:
Prisoner Advice Line: Tuesday, Wednesday and Thursday, 9am to 1pm
on the ARUNTA system
Postal Address: GPO Box 257, Brisbane QLD 4001
Administration Line: (07) 3846 5074
This broadsheet is intended to provide legal information only and is no substitute for legal advice.
If you wish to take any action arising from matters raised in this publication you should consult a lawyer
immediately.
The information was current as at 23 September 2011.
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Parole Board
GPO Box 1054
Brisbane QLD 4001
Dear Sir/Madam
RE:
PAROLE REFUSAL / SUSPENSION / CANCELLATION
I refer to the
Parole Boards decision to refuse/suspend/cancel my parole.
So that I may be fully informed in relation to the decision, I respectfully request, pursuant to Section 32(1) of
the Judicial Review Act 1991, that you provide the Parole Boards Statement of Reasons.
Thank you for your co-operation. I look forward to hearing from you within the 28 day time limitation
prescribed by the Act.
Yours sincerely
[Sign Here]
[Print Your Name Here]
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SUPREME COURT OF QUEENSLAND
REGISTRY: [INSERT BRISBANE
OR OTHER CITY AS APPLICABLE]
NUMBER: [THE COURT WILL WRITE IN]
Applicant:
[INSERT HERE YOUR NAME IN CAPITALS]
AND
Respondent:
[INSERT HERE DETAILS OF THE DECISION MAKER, EG CHIEF EXECUTIVE,
QUEENSLAND CORRECTIVE SERVICES]
APPLICATION RELATING TO A STATEMENT OF REASONS
Application in relation to the decision of the Respondent made on [INSERT DATE] to [NATURE OF THE
DECISION]
1. The Applicant seeks:
(a) An order under s32 of the Judicial Review Act 1991 (Q) to the respondent to provide to the
applicant a statement of reasons in writing, or a statement of reasons in writing for the decision
containing further and better particulars in relation the matters required by s. 33 of the Judicial
Review Act 1991 (Q) and s. 27B of the Acts Interpretation Act 1954 (Q), namely, setting out the
findings on material questions of fact, making a full reference to the evidence or other material
on which the findings were based and given the real reasons for the decision
2. The Applicant is aggrieved by the decisions of the Respondent because:
(a) The respondent’s failure to provide a statement of reasons impairs the ability of the Applicant to
seek timely legal advice as to whether the decision may be challenged under the Judicial Review
Act 1991 (Q)
On the hearing of the application the applicant intends to rely on the following affidavit:
1. Affidavit of [YOUR NAME]
Application for a statement of reasons
and/or a Further Statement of Reasons
INSERT YOUR NAME &
ADDRESS OF THE PRISON
Filed on behalf of the Applicant
Form 54 Rule 566
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TO THE RESPONDENT:
A directions hearing in this application (and any claim by the applicant for an interlocutory order) will be
heard by the Court at the time, date and place specified below. If there is no attendance before the Court
by you or by your counsel or solicitor, the application may be dealt with and judgment may be given or an
order made in your absence. Before any attendance at that time, you may file and serve a notice of
address for service
APPOINTMENT FOR DIRECTIONS HEARING
Time and date:
Place:
Signed:
Dated:
PARTICULARS OF THE APPLICANT:
Name:
Residential or Business Address:
Address for Service:
[YOUR NAME]
[PRISON NAME] Correctional Centre
ADDRESS OF THE PRISON
As Above
Signed:
Description: Applicant
Dated:
This application is to be served on:
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[NAME OF THE RESPONDENT]
10
SUPREME COURT OF QUEENSLAND
REGISTRY: [INSERT BRISBANE
OR OTHER CITY AS APPLICABLE]
NUMBER: [THE COURT WILL WRITE IN]
Applicant:
[INSERT HERE YOUR NAME IN CAPITALS]
AND
Respondent:
[INSERT HERE DETAILS OF THE DECISION MAKER, EG
EXECUTIVE, DEPARTMENT OF CORRECTIVE
SERVICES]
CHIEF
APPLICATION FOR A STATUTORY ORDER OF REVIEW
Application to review the decision of [THE RESPONDENT] that [INSERT HERE DETAILS OF THE DECISION]
OR
Application to review the conduct of [THE RESPONDENT] under which [INSERT HERE DETAILS OF
CONDUCT]
The applicant is aggrieved by the [INSERT DECISION, CONDUCT OR PROPOSED CONDUCT FROM ABOVE]
because:
[INSERT HERE THE REASONS WHY YOU ARE AGGRIEVED BY THE DECISION] e.g.
(b) The Applicant is a prisoner detained by order of a court in a corrective services facility; and
(c) A positive exercise of the discretion to grant a parole order will result in the Applicant’s release
from custody.
APPLICATION FOR A STATUTORY ORDER OF
REVIEW
Filed on behalf of the Applicant
Form 54 Rule 566
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YOUR NAME &
ADDRESS OF PRISON
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The grounds of the application are:
[INSERT HERE DETAILS OF THE GROUNDS OF THE APPLICATION]
FOR EXAMPLE
i)
The making of the decision was an improper exercise of the power conferred by the
enactment under which it was purported to be made contrary to s 20(2)(e) of the Act in
that the Board exercised a discretionary power in accordance with a rule or policy without
regard to the merits of the particular case contrary to s 23(f) of the Act. The Board has
improperly fettered its decision by imposing a rule or policy that requires the Applicant to
be placed at a low security prison before the Board can be satisfied that the Applicant is
not an unacceptable risk to the community.
ii)
The making of the decision was an improper exercise of the power conferred by the
enactment under which it was purported to be made contrary to s 20(2)(e) of the Act in
that the Respondent failed to take a relevant consideration into account in the exercise
of the power contrary to s 23(b) of the Act by failing to take into consideration whether
any QCS programs offered in the community may reduce the risk to the community to be
acceptable if imposed as condition of parole order in circumstances where the Getting
SMART, and SMART Recovery programs are conducted through the Probation & Parole
Directorate in the community setting.
The Applicant claims:
[INSERT HERE WHAT YOU WISH TO CLAIM]
FOR EXAMPLE:
i)
ii)
iii)
iv)
v)
vi)
vii)
To the extent necessary, an order under s 26(1)(b) of the Judicial Review Act 1991
extending the time within which the Applicant may make an application for a statutory
order of review of the decision of the Respondent;
An order quashing or setting aside the Respondent’s decision of [date] to refuse the
Applicant’s application for a parole order; and
An order remitting the decisions the subject of the application back to the Respondent to
determine in accordance with law; and
A direction that the Respondent reconsider the matters within 28 days;
A direction that the Respondent notify the Applicant of the reconsidered decisions within
7 days of the decisions being made; and
The Respondent pay the Applicants reasonable costs of an incidental to the proceedings ;
and
Such other orders the court thinks fit
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TO THE RESPONDENT:
A directions hearing in this application (and any claim by the applicant for an interlocutory order) will be
heard by the Court at the time, date and place specified below. If there is no attendance before the
Court by you or by your counsel or solicitor, the application may be dealt with and judgment may be
given or an order made in your absence. Before any attendance at that time, you may file and serve a
notice of address for service.
APPOINTMENT FOR DIRECTIONS HEARING
Time and date: [this will be entered by the Court Registry]
Place:
[INSERT ADDRESS OF THE COURT]
Registrar
Signed:
[the Registrar will sign]
Dated:
[the Registrar will date]
PARTICULARS OF THE APPLICANT:
Name:
[INSERT HERE YOUR NAME]
Residential or Business Address:[INSERT HERE YOUR ADDRESS]
Applicant’s solicitor’s name:
And firm name:
Firm address:
Address for service:
[INSERT HERE YOUR ADDRESS]
Telephone:
Fax:
E-mail address:
File reference:
Signed: [YOU SIGN THE DOCUMENT HERE]
Description:
Applicant
Dated:
[INSERT THE DATE YOU SIGNED THE DOCUMENT]
This application is to be served on:
ADDRESS]
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[INSERT HERE DETAILS OF THE RESPONDENT INCLUDING THEIR
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SUPREME COURT OF QUEENSLAND
REGISTRY: [BRISBANE or other city as applicable]
NUMBER: [THE COURT WILL INSERT]
Applicant:
[INSERT HERE YOUR FULL NAME IN CAPITALS]
AND
Respondent:
[INSERT HERE THE DETAILS OF THE DECISION MAKER, EG CHIEF EXECUTIVE,
DEPARTMENT OF CORRECTIVE SERVICES]
AFFIDAVIT
I, [INSERT YOUR NAME], of [INSERT THE CORRECTIONAL CENTRE’S NAME] Correctional Centre, [INSERT
ADDRESS OF THE CORRECTIONAL CENTRE] in the State of Queensland, prisoner, do solemnly and
sincerely affirms/declares:
1.
I am a prisoner at the [INSERT NAME] Correctional Centre.
2.
I am currently serving a period of imprisonment of [INSERT LENGTH],
[insert on every page except last page]
PAGE 1
Deponent
Justice of the
YOUR NAME &
ADDRESS OF PRISON
AFFIDAVIT OF [YOUR NAME]
Filed on behalf of the Applicant
Form 46 Rule 431
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Peace/Solicitor
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3.
[LIST OUT ALL THE RELEVANT FACTS AND CIRCUMSTANCES IN YOUR CASE]
4.
[SET OUT EXHIBITS RELIED UPON AS FOLLOWS: Now produced and shown to me and marked
with the letter “A” is a true copy of the [INSERT DETAILS OF DOCUMENT] dated [INSERT DATE
OF DOCUMENT]
5.
All the facts and circumstances herein deposed to are within my own knowledge true and
correct save such as are deposed to from information only and my means of knowledge
appear on the face of
this my Affidavit.
SWORN/AFFIRMED by
at
on the
day of
201
in the presence of:
___________________________
__________________________
Deponent
Solicitor/Justice of the Peace
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SUPREME COURT OF QUEENSLAND
REGISTRY:
[BRISBANE OR OTHER
CITY AS APPLICABLE]
NUMBER: [THE COURT WILL INSERT]
Applicant:
[INSERT HERE YOUR FULL NAME IN CAPITALS]
AND
Respondent:
[INSERT HERE DETAILS OF THE DECISION MAKER EG CHIEF EXECUTIVE,
DEPARTMENT OF CORRECTIVE SERVICES]
Exhibit “[INSERT LETTER AS APPROPRIATE]” to the Affidavit of [INSERT YOUR NAME]
SWORN/AFFIRMED at
Deponent
CERTIFICATE OF EXHIBIT
this
day of
Taken by:
[INSERT HERE YOUR NAME]
[INSERT HERE YOUR ADDRESS]
Form 47 Rule 435
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16
Application for a Reduction in the Filing Fee
Can a litigant be exempted from paying filing fees to institute proceedings in the
Supreme Court?
As of 1 September 2011 it is not possible to be granted a full exemption from paying the filing fee. The
registry can only grant a reduction of the fees payable. If you are granted a reduction in the filing fee you
will need to pay $108.50 to file an originating application. Cheques are made out to the Registrar, Supreme
Court of Queensland.
How to apply for a reduction of the fee and what will be considered by the Registrar:
Whether you will be required to pay the full fee or a reduced fee will be determined at the time of presentation
of the originating process.
To apply for a reduction of the filing fee, an individual must complete Form 131 – Application for reduction
of fees by an individual.
Part A of Form 131 sets out the mandatory categories of persons who will be entitled to pay the reduced
filing fee. Persons in custody will not usually satisfy any of the categories set out in Part A when filing an
originating application seeking a judicial review.
The Registrar also has the power to grant a reduced fee if an individual can establish financial hardship.
This will be the section most relevant to people in prison.
Most of the information requested in Part B of Form 131 is not relevant to people in prison but reflects the
mandatory factors the Registrar must consider when determining a fee reduction on the grounds of financial
hardship. Those factors are income, day-to-day living expenses, bank balances and cash on hand.
Instead of completing Part B a person in prison should attach a statement of financial hardship setting
information contained in the sample statement enclosed. The statement does not need to be in the format
of an affidavit but you will need to attach a copy of your prison trust account balance.
Registry staff may not provide legal advice in relation to the information you provide in Form 131.
Can I seek a review from the decision of the Registrar?
If dissatisfied with the registrar’s decision, you may apply to a judge for a review of the decision (s10C
Uniform Civil Procedure (Fees) Regulation 2009). The judge may consider the application with or without a
hearing; and may consider anything the registrar considered in making the decision.
What happens if I am not granted a reduction in the payment of the filing fee?
If no fee reduction is granted you will need to pay the prescribed filing fee at the time the originating process
is filed. The current fee as at 20 December 2013 to file an originating application for an individual in the
Supreme Court of Queensland is $802.00.
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Uniform Civil Procedure (Fees) Regulation 2009
10 Application for payment of reduced fee—when registrar must approve application
(1) This section applies to a party to a proceeding who is an individual if the party—
(a) has been granted legal aid under the Legal Aid Queensland Act 1997 for the proceeding; or
(b) is the holder of any of the following cards under the Social Security Act 1991 (Cwlth)—
(i) a current health care card;
(ii) a current pensioner concession card;
(iii) a current Commonwealth seniors health card; or
(c) is the holder of a current repatriation health card or repatriation pharmaceutical benefits card issued by the
Commonwealth department administering the Veterans’ Entitlements Act 1986 (Cwlth) or the Military
Rehabilitation and Compensation Act 2004 (Cwlth); or
(d) is receiving youth allowance, Austudy payments or a benefit under the ABSTUDY scheme under the Social
Security Act 1991 (Cwlth).
(2) The party may apply to the registrar for an order that the party pay the reduced fee instead of the relevant fee for
the proceeding.
(3) The application must—
(a) be in the approved form; and
(b) be accompanied by proof of a matter mentioned in subsection (1).
(4) On receipt of an application properly made under this section, the registrar must, by order, approve that the party
pay the reduced fee instead of the relevant fee.
(5) The order must include the date by which the reduced fee must be paid.
10A Application for payment of reduced fee—hardship
(1) This section applies to a party to a proceeding who is an individual if the party has not made an application under
section 10.
(2) The party may apply in the approved form to the registrar for an order that the party pay the reduced fee instead of
the relevant fee on the ground of financial hardship.
(3) In considering the application, the registrar must have regard to the party’s income, day-to-day living expenses,
bank balances and cash on hand.
(4) If the registrar reasonably believes there is a ground of financial hardship, the registrar may, by order, approve that
the party pay the reduced fee instead of the relevant fee.
(5) The registrar may decide the application summarily and without extensive investigation.
(6) The order must include the date by which the reduced fee must be paid.
10B Application for payment of reduced fee—corporation
(1) A party to a proceeding who is a corporation may apply in the approved form to the registrar for an order that the
party pay the reduced fee instead of the relevant fee.
(2) The registrar may, by order, approve that the party pay the reduced fee instead of the relevant fee only if the registrar
reasonably believes the party does not have, and can not reasonably obtain from another source, sufficient funds to
pay the relevant fee.
(3) The order must include the date by which the reduced fee must be paid.
10C Payment of reduced fee—review of registrar’s decision
(1) A party who has made an application under section 10, 10A or 10B and is dissatisfied with the registrar’s decision
on the application may apply to the court for a review of the registrar’s decision.
(2) On an application for a review of the registrar’s decision, the court conducting the review may—
(a) consider the application with or without a hearing; and
(b) consider anything the registrar was required to consider when making the decision; and
(c) make any order the court considers appropriate.
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SUPREME COURT OF QUEENSLAND
Applicant:
AND
Respondent:
FORM 131 STATEMENT IN SUPPORT OF FINANCIAL HARDSHIP - APPLICATION
FOR A REDUCTION OF FEES BY AN INDIVIDUAL
1.
I am the Applicant in these proceedings.
2.
I am currently a prisoner at the [insert] Correctional Centre.
3.
I am currently serving a period of [insert period] imprisonment. My full time release date is
[insert] and my parole eligibility date is [insert].
4.
As a prisoner I do not receive an income.
5.
I receive an allowance of $[insert amount] per week for basic amenities. I also receive $[insert
amount] per week as remuneration in accordance with s 316 Corrective Services Act 2006. [i.e.
the amount you get for working in the prison each week]
6.
I spend approximately [INSERT AMOUNT $] each week on items approved for sale to prisoners
(i.e. how much you spend on buy-up and STP each week including phone calls).
7.
[DO/DO NOT – INSERT AS NECESSARY] I am currently paying [INSERT AMOUNT $] per week to
the State Penalties Enforcement Registry (SPER).
8.
[DO/DO NOT – INSERT AS NECESSARY] I am currently paying [INSERT AMOUNT $] per week to
Child Support.
9.
As a prisoner I am not permitted to have cash on hand.
10.
I [DO/DO NOT – INSERT AS NECESSARY] have an external bank account with [NAME OF YOUR
BANK]. I have [INSERT AMOUNT $] currently held in that bank account. I am unable to easily
obtain a copy of a recent bank statement for this account.
7.
As a prisoner I am not permitted to have cash on hand.
8.
I have attached to this statement a true copy of my prison trust account statement.
FULL NAME:
DATE:
SIGNATURE:
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Judicial Review Act 1991
Part 3 Statutory orders of review
Reprint 8A revised edition effective 1 December 2008 Page 15
Part 3 Statutory orders of review
20 Application for review of decision
(1) A person who is aggrieved by a decision to which this Act applies may apply to the court for a
statutory order of review in relation to the decision.
(2) The application may be made on any 1 or more of the following grounds—
(a) that a breach of the rules of natural justice happened in relation to the making of the
decision;
(b) that procedures that were required by law to be observed in relation to the making of the
decision were not observed;
(c) that the person who purported to make the decision did not have jurisdiction to make the
decision;
(d) that the decision was not authorised by the enactment under which it was purported to be
made;
(e) that the making of the decision was an improper exercise of the power conferred by the
enactment under which it was purported to be made;
(f) that the decision involved an error of law (whether or not the error appears on the record of
the decision);
(g) that the decision was induced or affected by fraud;
(h) that there was no evidence or other material to justify the making of the decision;
(i) that the decision was otherwise contrary to law.
(3) This section applies only to a decision made after the commencement of this Act.
21 Application for review of conduct related to making of
Decision
(1) If a person has engaged, is engaging, or proposes to engage, in conduct for the purpose of making a
decision to which this Act applies (whether by the person engaging in the conduct or by another person),
a person who is aggrieved by the conduct may apply to the court for a statutory order of review in
relation to the conduct.
(2) The application may be made on any 1 or more of the following grounds—
(a) that a breach of the rules of natural justice has happened, is happening, or is likely to
happen, in relation to the conduct;
(b) that procedures that are required by law to be observed in relation to the conduct have not
been, are not being, or are likely not to be, observed;
(c) that the person proposing to make the decision does not have jurisdiction to make the
proposed decision;
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(d) that the enactment under which the decision is proposed to be made does not authorise the
making of the proposed decision;
(e) that the making of the proposed decision would be an improper exercise of the power
conferred by the enactment under which the decision is proposed to be made;
(f) that an error of law—
(i) has been, is being, or is likely to be, committed in the course of the conduct; or
(ii) is likely to be committed in the making of the proposed decision;
(g) that fraud has taken place, is taking place, or is likely to take place, in the course of the
conduct;
(h) that there is no evidence or other material to justify the making of the proposed decision;
(i) that the making of the proposed decision would be otherwise contrary to law.
(3) This section applies only to conduct engaged in, or proposed
to be engaged in, after the commencement of this Act.
22 Application in relation to failure to make decision
(1) If—
(a) a person has a duty to make a decision to which this Act applies; and
(b) there is no law that fixes a period within which the person is required to make the decision;
and
(c) the person has failed to make the decision; a person who is aggrieved by the failure of the
person to make the decision may apply to the court for a statutory order of review in relation to
the failure to make the decision on the ground that there has been unreasonable delay in
making the decision.
(2) If—
(a) a person has a duty to make a decision to which this Act applies; and
(b) a law fixes a period within which the person is required to make the decision; and
(c) the person failed to make the decision before the end of the period; a person who is
aggrieved by the failure of the person to make the decision within the period may apply to the
court for a statutory order of review in relation to the failure to make the
decision within the period on the ground that the person has a duty to make the decision
despite the end of the period.
(3) This section applies only to a decision required to be made after the commencement of this Act.
23 Meaning of improper exercise of power (ss 20(2)(e) and
21(2)(e))
In sections 20(2)(e) and 21(2)(e), a reference to an improper exercise of a power includes a reference
to—
(a) taking an irrelevant consideration into account in the exercise of a power; and
(b) failing to take a relevant consideration into account in the exercise of a power; and
(c) an exercise of a power for a purpose other than a purpose for which the power is conferred;
and
(d) an exercise of a discretionary power in bad faith; and
(e) an exercise of a personal discretionary power at the direction or behest of another person;
and
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(f) an exercise of a discretionary power in accordance with a rule or policy without regard to the
merits of the particular case; and
(g) an exercise of a power that is so unreasonable that no reasonable person could so exercise
the power; and
(h) an exercise of a power in such a way that the result of the exercise of the power is uncertain;
and
(i) any other exercise of a power in a way that is an abuse of the power.
24 Decisions without justification—establishing ground (ss
20(2)(h) and 21(2)(h))
The ground mentioned in sections 20(2)(h) and 21(2)(h) is not to be taken to be made out—
(a) unless—
(i) the person who made, or proposed to make, the decision was required by law to reach the
decision only if a particular matter was or is established;
and
(ii) there was no evidence or other material (including facts of which the person was or is
entitled to take notice) from which the person could or can reasonably be satisfied that the
matter was or is established; or
(b) unless—
(i) the person who made, or proposes to make, the decision based, or proposes to base, the
decision on the existence of a particular fact; and
(ii) the fact did not or does not exist.
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SUPREME/DISTRICT COURT OF QUEENSLAND
REGISTRY:
NUMBER:
Plaintiff:
(Insert Name)
AND
[First] Defendant:
(Insert Name)
AND
[Second Defendant:]
(Insert Name)
APPLICATION FOR REDUCTION OF FEES BY AN INDIVIDUAL
I am applying to have the following fee/s reduced:
Filing fee of originating document (a copy of the originating document must accompany
this application)
Setting Down Fee
Hearing Fee

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Part A - When registrar must approve application
You are eligible to apply under s.10(3)UCP(F)R if you satisfy one or more of the following
categories (please tick the appropriate box). Proof in the form of a certified copy of a relevant
card, statement, or confirmation letter to support the category you select must be supplied with
this application.
Description
Please tick
The holder of any of the following cards under the Social Security Act 1991
(Commonwealth)—
 A current health care card

A current pensioner concession card

A current Commonwealth seniors health card
The holder of a current repatriation health card or repatriation pharmaceutical
benefits card issued by the department administering the Veterans’
Entitlements Act 1986 (Commonwealth) or the Military Rehabilitation and
Compensation Act 2004 (Commonwealth)
Receiving youth allowance, Austudy payments or a benefit under the ABSTUDY
scheme under the Social Security Act 1991 (Commonwealth)
A person granted legal aid in respect of the proceedings
If you already qualify for a fee reduction above, please proceed to part C.
If you do not qualify for a fee reduction above, please complete parts B & C.
Part B - Hardship
Occupation:
Employer:
Marital Status: singlemarriedde factoseparated
Dependants: dependant wife/husband/de facto_______ (# of) dependant
children
other ________________
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Part B (Continued)
Funds
Cash on Hand
Current bank Balance
A: Total Funds
$
$
S
Income (net)
Wage/salary
Benefit
Income from investments
Income from rent
Other income (please state)
B: Total Income:
Expenditure
Rent/board
Mortgage repayment
Maintenance for dependants
Food
Telephone
Water
Rates
Court orders
Utilities (electricity/gas)
Other (please state)
______________________
C: Total Expenditure:
Household Income Details
$ per fortnight
$
$
$
$
$
Household Expenditure Details
$ per fortnight
$
$
$
$
$
$
$
$
$
$
$
Part B (Continued)
Grounds of Financial Hardship
Should you wish to provide any further information relied on to show financial hardship
please attach a separate statement to this application.
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Part C
VERIFICATION OF STATEMENT
(Full name of deponent) of (residential or business address or place of employment),
(occupation or other description) states on oath [or: solemnly and sincerely affirms and
declares]:
The information set out in this statement, and any other attached statement, is true and correct to the
best of my knowledge and belief. Where I have given an estimate in this statement or any other
attached statement, it is given in good faith to the best of my knowledge and belief.
Sworn [or: affirmed] by (full name) on (date) at (place) in the presence of:
(Signature of Deponent)
(Signature of person taking statement)
…………………………………………….
………………………………………………..
(Full name of Deponent)
…………………………………………….
Deponent
(Full name and Qualification of Witness)
……………………………………………….
……………………………………………….
[Witness to insert following statement only if required (see R.433(1) and (2) UCPR): who certifies that the affidavit was read in the presence
of the deponent who seemed to understand it, and signified that that person made the affidavit OR who certifies that the affi davit was read
in the presence of the deponent who seemed to understand it, and signified that that person made the affidavit, but was physically
incapable of signing it]
WARNING:


A person who makes a verified statement that the person knows is false in a material
particular when the person is required by law to make the statement in the form of a
verified statement commits a crime. Maximum penalty - 7 years imprisonment. s.193
Criminal Code.
A person who makes a declaration that the person knows is false in a material particular,
whether or not the person is permitted or required by law to make the declaration,
before a person authorised by law to take or receive declarations, commits a
misdemeanour. Maximum penalty - 3 years imprisonment. s.194 Criminal Code.
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