JUDICIAL REVIEW ACT 1991 - SECT 22 Application in relation to failure to make decision

JUDICIAL REVIEW ACT 1991 - SECT 22

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.