JUDICIAL REVIEW INFORMATION
The following is some general information about how to make an Application for Judicial Review. This
information is current as at 23 September 2011.
What is a 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 reconsideration.
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.
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
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
apply to the
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)
ii)
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
the decision should be made by an impartial and unbiased person.
(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. taking irrelevant considerations into account;
2. failing to take a relevant consideration into account
3. an exercise of a power for a purpose other than a purpose for which the power is
conferred;
4. an exercise of a discretionary power in bad faith;
5. an exercise of a personal discretionary power at the direction or behest of another
person;
6. an exercise of a discretionary power in accordance with a rule or policy without regard to
the merits of the particular case;
7. an exercise of a power that is so unreasonable that no reasonable person could so
exercise the power;
8. an exercise of a power in such a way that the result of the exercise of the power is
uncertain;
9. any other exercise of a power in a way that is an abuse of the power.
(h) 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.
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) The original Application for Statutory Order of Review and two photocopies ie total of three
copies;
(b) The original Affidavit and two photocopies ie total of three copies;
(c) Any Exhibits referred to in your Affidavit and with attached marking; and
(d) 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 $750.00. 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.
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 $100.00.
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);
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.
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 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”.
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.
We wish you well with your Application and look forward to hearing the outcome of your case.
Insert Date Here
SAMPLE LETTER ONLY: TO BE USED AS A GUIDE FOR WRITING A
LETTER TO A DECISION MAKER TO ASK FOR REASONS FOR A
DECISION
[INSERT HERE ADDRESS
DETAILS OF DECISION MAKER]
Dear Sir/Madam
RE:
[INSERT HERE WHAT THE DECISION WAS ABOUT, EG PAROLE]
I refer to the [INSERT HERE DECISION MAKER] decision of [INSERT HERE DATE OF
DECISION], to [INSERT HERE DETAILS OF THE DECISION, EG REFUSE 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 [INSERT HERE DECISION
MAKER] 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]
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 STATEMNT 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
Filed on behalf of the Applicant
Form 54 Rule 566
INSERT YOUR NAME &
ADDRESS OF THE PRISON
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:
[YOUR NAME]
[PRISON NAME] Correctional Centre
ADDRESS OF THE PRISON
Address for Service:
As Above
Signed:
Description: Applicant
Dated:
This application is to be served on: [NAME OF THE RESPONDENT]
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, DEPARTMENT OF CORRECTIVE
SERVICES]
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
YOUR NAME &
ADDRESS OF PRISON
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)
An order quashing or setting aside the Respondent’s decision of [date] to
refuse the Applicant’s application for a parole order; and
ii)
An order remitting the decisions the subject of the application back to the
Respondent to determine in accordance with law; and
iii)
A direction that the Respondent reconsider the matters within 28 days;
iv)
A direction that the Respondent notify the Applicant of the reconsidered
decisions within 7 days of the decisions being made; and
v)
The Respondent pay the Applicants reasonable costs of an incidental to the
proceedings ; and
vi)
Such other orders the court thinks fit
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: [INSERT HERE DETAILS OF THE RESPONDENT
INCLUDING THEIR ADDRESS]
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
AFFIDAVIT OF [YOUR NAME]
Filed on behalf of the Applicant
Form 46 Rule 431
____________________________
Justice of the Peace/Solicitor
YOUR NAME &
ADDRESS OF PRISON
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
200
in the presence of:
___________________________
__________________________
Deponent
Solicitor/Justice of the Peace
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
Form 47 Rule 435
this
day of
20
Taken by:
[INSERT HERE YOUR NAME]
[INSERT HERE YOUR ADDRESS]
HOW TO MAKE AN 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 $100.00 to file an originating application.
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 23 September 2011 to file an originating
application for an individual in the Supreme Court of Queensland is $750.00
Uniform Civil Procedure (Fees) Regulation 2009
Reprint 1F effective 1 September 2011
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, dayto-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.
SUPREME COURT OF QUEENSLAND
Applicant:
[INSERT HERE YOUR FULL NAME IN CAPITALS]
AND
Respondent:
[INSERT HERE THE DETAILS OF THE DECISION MAKER, EG
QUEENSLAND PAROLE BOARD]
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 NAME] Correctional Centre.
3.
I am currently serving a period of imprisonment of [INSERT LENGTH]. My full time release
date is [INSERT DATE] and my parole eligibility date is [INSERT DATE].
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.
11.
I have attached to this statement a true copy of my prison trust account statement.
FULL NAME:
DATE:
SIGNATURE:
Judicial Review Act 1991
Part 3 Statutory orders of review
Reprint 8A revised edition effective 1 December 2008
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;
(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
(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.
SUPREME/DISTRICT COURT OF QUEENSLAND
REGISTRY:
NUMBER:
(Insert Name)
Plaintiff:
AND
(Insert Name)
[First] Defendant:
AND
(Insert Name)
[Second Defendant:]
Application for reduction of fees by an individual
I am applying to have the following fee/s reduced:
Filing fee of originating document
application)
Setting Down Fee
Hearing Fee
(a copy of the originating document must accompany this
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:
single
married
de facto
dependant wife/husband/de facto
other ________________
separated
_______ (# of) dependant children
Part B (Continued)
Funds
Cash on Hand
Current bank Balance
A: Total Funds
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 dependents
Food
Telephone
$
$
S
Household Income Details
$ per fortnight
$
$
$
$
$
Household Expenditure Details
$ per fortnight
$
$
$
$
$
Water
Rates
Court orders
Utilities (electricity/gas)
Other (please state)
______________________
C: Total Expenditure:
$
$
$
$
$
$
Part B (Continued)
Grounds of Financial Hardship
Should you wish to provide any further information relied on to show financial hardhsip please attach
a separate statement to this application.
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 affidavit 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.