Administrative Decisions (Judicial Review) Act 1977

SECTION 7   APPLICATIONS IN RESPECT OF FAILURES TO MAKE DECISIONS  

7(1)  


Where:

(a)  a person has a duty to make a decision to which this Act applies;

(b)  there is no law that prescribes a period within which the person is required to make that decision; and

(c)  the person has failed to make that decision;

a person who is aggrieved by the failure of the first-mentioned person to make the decision may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order of review in respect of the failure to make the decision on the ground that there has been unreasonable delay in making the decision.

7(2)  


Where:

(a)  a person has a duty to make a decision to which this Act applies;

(b)  a law prescribes a period within which the person is required to make that decision; and

(c)  the person failed to make that decision before the expiration of that period;

a person who is aggrieved by the failure of the first-mentioned person to make the decision within that period may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order of review in respect of the failure to make the decision within that period on the ground that the first-mentioned person has a duty to make the decision notwithstanding the expiration of that period.

7(3)  
(Repealed by No 157 of 2001)


 

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