ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1989 - SECT 10 Period in which application for order of review must be made

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1989 - SECT 10

    (1)     An application to the Supreme Court for an order of review in relation to a decision that has been made (including a decision made after the end of the period within which it was required to be made) must be made within the period required by subsection (2) (or any further time allowed by the court) if the terms of the decision were—

        (a)     recorded in writing; and

        (b)     set out in a document that was given to the applicant.

Note     The court may allow further time after the end of the period required by s (2) (see Legislation Act

, s 151C).

    (2)     For subsection (1), the period within which an application for an order of review is required to be made is the period beginning on the day the decision is made and ending 28 days after the relevant day.

    (3)     If there is no period prescribed for making an application for an order for review in relation to a particular decision, the Supreme Court may refuse to consider an application for an order for review in relation to the decision if it is of the opinion that the application was not made within a reasonable time after the decision was made.

    (4)     If there is no period prescribed for making an application by a particular person for an order for review in relation to a particular decision, the Supreme Court may refuse to consider an application by the person for an order for review in relation to the decision if it is of the opinion that the application was not made within a reasonable time after the decision was made.

    (5)     In forming an opinion for subsection (3) or (4), the Supreme Court—

        (a)     must have regard to—

              (i)     the time when the applicant became aware of the decision; and

              (ii)     if subsection (4) applies—the period prescribed for the making of an application by anyone else for an order of review in relation to the decision; and

        (b)     may have regard to anything else it considers relevant.

    (6)     In subsection (2):

"relevant day" means—

        (a)     if the decision includes, or is accompanied by, a written statement of reasons for the decision—the day a document setting out the terms of the decision is given to the applicant; or

Note     For the meaning of statement of reasons , see the dict.

        (b)     if paragraph (a) does not apply and a written statement of reasons for the decision is given to the applicant (otherwise than because of a request under section 13 (1)) not later than 28 days after the day a document setting out the terms of the decision is given to the applicant—the day the statement is given to the applicant; or

        (c)     if paragraph (a) does not apply and the applicant requests the person who made the decision to give a statement under section 13 (1)—

              (i)     the day the statement is given to the applicant; or

              (ii)     the day the applicant is told under section 13 (3) that the applicant was not entitled to make the request; or

              (iii)     the day the Supreme Court makes an order under section 13 (6) declaring that the applicant was not entitled to make the request; or

              (iv)     the day the applicant is told under section 14 (3) or section 15 (3) that the statement will not be given to the applicant.

        (d)     in any other case—the day a document setting out the terms of the decision is given to the applicant.