AustLII Tasmanian Consolidated Acts

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JUDICIAL REVIEW ACT 2000 - SECT 19

19. Application relating 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 an order of review relating 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 an order of review relating 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.



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