Administrative Review Tribunal Rules 2024

PART 2 - APPLYING FOR REVIEW OF DECISION  

SECTION 5   WHEN TO APPLY - NOTICE OF DECISION GIVEN IN WRITING  
Purpose of this section

5(1)    
This section is made for the purposes of subsection 18(1) of the Act.

When this section applies

5(2)    
This section applies in relation to an application for review of a decision (the decision under review ), other than a decision taken to be made by section 16 of the Act or a provision of another Act or legislative instrument, if the applicant is given notice of the decision in writing.

General rule - period ends 28 days after notice is given

5(3)    
The period starts on the day the decision under review is made and ends on the day that is 28 days after the day the applicant is given the notice.

Exception - if statement of reasons is given

5(4)    
Despite subsection (3) , if the applicant is given a statement of reasons for the decision under review, the period starts on the day the decision under review is made and ends on the day that is 28 days after the day the applicant is given the statement of reasons.

Exception - if statement of reasons is requested but not provided

5(5)    
Despite subsection (3) , if:

(a)    the applicant is not given a statement of reasons for the decision under review; and

(b)    the applicant requests a statement of reasons for the decision under review under section 268 of the Act; and

(c)    the applicant is given written notice that the request is refused;

the period starts on the day the decision under review is made and ends on the day that is 28 days after the applicant is given written notice that the request is refused.

Exception - if applicant applies to Tribunal to obtain adequate statement of reasons

5(6)    
Despite subsections (3) , (4) and (5) , if:

(a)    the applicant requests a statement of reasons for the decision under review under section 268 of the Act; and

(b)    the applicant is given a statement of reasons for the decision under review under section 269 or 270 of the Act; and

(c)    the applicant applies to the Tribunal under section 271 of the Act for a decision about whether the statement of reasons contains adequate information about a matter; and

(d)    the Tribunal decides that the statement of reasons does not contain adequate information about the matter;

the period starts on the day the decision under review is made and ends on the day that is 28 days after the day the applicant is given an additional statement containing adequate information about the matter.

Note:

A person may apply to the Tribunal to extend the period during which the person may apply for review of a decision (see section 19 of the Act).