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GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SECT 101 Time for applying for NCAT administrative review

GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SECT 101

Time for applying for NCAT administrative review

101 Time for applying for NCAT administrative review

(1) An application for NCAT administrative review must be made within 40 working days after notice of the decision to which the review relates is given to the applicant (unless subsection (2) gives a longer period to apply for NCAT administrative review).
(2) If the decision is the subject of review by the Information Commissioner, an application for NCAT administrative review can be made at any time up to 20 working days after the applicant is notified of the completion of the Information Commissioner's review.
(3) If an application for NCAT administrative review of a decision is made while the decision is the subject of review by the Information Commissioner, the Information Commissioner's review is to end.
(4) NCAT may, on application by a person wanting to make an application for NCAT administrative review out of time, extend the time for the making of such an application by the person if NCAT is of the opinion that the person has provided a reasonable excuse for the delay in making the application.
(5) An application to extend the time for the making of an application for NCAT administrative review must be in writing unless NCAT dispenses with the requirement in a particular case.
(6) The time for making an application for NCAT administrative review may be extended under this section even if that time has expired.