JUDICIAL REVIEW ACT 1991 - SECT 33 Decision-maker must comply with request except in certain circumstances

JUDICIAL REVIEW ACT 1991 - SECT 33

33 Decision-maker must comply with request except in certain circumstances

(1) Subject to this section, a person to whom a request is made under section 32 (the
"decision-maker" ) must, as soon as practicable, and, in any event, within 28 days after receiving the request, provide the statement to the person who made the request (the
"requester" ).

(2) If the decision-maker is of the opinion that the requester was not entitled to make the request, the decision-maker may, within 28 days after receiving the request—

(a) give to the requester written notice of the decision-maker’s opinion; or

(b) apply to the Court under section 39 for an order declaring that the requester was not entitled to make the request.

(3) If the decision-maker gives a notice under subsection (2) or applies to the court under section 39 , the decision-maker is not required to comply with the request unless—

(a) the court, on an application under section 38 , orders the decision-maker to give the statement; or

(b) the decision-maker has applied to the court under section 39 for an order declaring that the requester was not entitled to make the request and the court refuses the application.

(4) The decision-maker may refuse to prepare and give the statement if—

(a) in the case of a decision the terms of which were recorded in writing and set out in a document that was given to the requester—the relevant request was not made within 28 days after the day on which the document was given; or

(b) in any other case—the relevant request was not made within a reasonable time after the decision was made.

(5) If subsection (4) (a) or (b) applies to the decision-maker, the decision-maker must give to the requester, within 14 days after receiving the relevant request, written notice stating—

(a) that the statement will not be given to the requester; and

(b) the reasons why it will not be given.

(6) For the purposes of subsection (4) (b) , a request for a statement in relation to a decision is taken to have been made within a reasonable time after the decision was made if the court, on application by the requester, declares that the request was made within a reasonable time after the decision was made.