On second thoughts… Revisiting decisions relying on the Acts Interpretation Act 1901

Key Points:

The Acts Interpretation Act doesn't give decision-makers an automatic right to revisit a decision.

Decision-makers who want to revisit a decision, and potentially remake it, often assume they have the power to do so, even if the relevant Act does not spell this out. That assumption could be seriously flawed, following the Federal Court's decision in MJD Foundation Limited v Minister of Indigenous Affairs [2015] FCA 1172.

A decision-maker's power and the Acts Interpretation Act

Section 33(1) of the Acts Interpretation Act 1901 says:

"Where an Act confers a power or function or imposes a duty, then the power may be exercised and the function or duty must be performed from time to time as occasion requires."