Administrative Decisions (Judicial Review) Act 1977

SECTION 11   MANNER OF MAKING APPLICATIONS  

11(1)    

An application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order of review:

(a)    

shall be made in such manner as is prescribed by:

(i) in the case of an application to the Federal Court - Federal Court Rules; or

(ii) in the case of an application to the Federal Circuit and Family Court of Australia (Division 2) - Federal Circuit and Family Court of Australia (Division 2) Rules; and

(b)    shall set out the grounds of the application; and

(c)    

shall be lodged with a Registry of the court concerned and, in the case of an application in relation to a decision that has been made and the terms of which were recorded in writing and set out in a document that was furnished to the applicant, including such a decision that a person purported to make after the expiration of the period within which it was required to be made, shall be so lodged within the prescribed period or within such further time as the court concerned (whether before or after the expiration of the prescribed period) allows.

11(2)    

Any other application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under this Act must be made as prescribed by:

(a)    in the case of an application to the Federal Court - Federal Court Rules; or

(b)    

in the case of an application to the Federal Circuit and Family Court of Australia (Division 2) - Federal Circuit and Family Court of Australia (Division 2) Rules.

11(3)    
The prescribed period for the purposes of paragraph (1)(c) is the period commencing on the day on which the decision is made and ending on the twenty-eighth day after:

(a)    if the decision sets out the findings on material questions of fact, refers to the evidence or other material on which those findings were based and gives the reasons for the decision - the day on which a document setting out the terms of the decision is furnished to the applicant; or

(b)    

in a case to which paragraph (a) does not apply:

(i) if a statement in writing setting out those findings, referring to that evidence or other material and giving those reasons is furnished to the applicant otherwise than in pursuance of a request under subsection 13(1) not later than the twenty-eighth day after the day on which a document setting out the terms of the decision is furnished to the applicant - the day on which the statement is so furnished;

(ii) if the applicant, in accordance with subsection 13(1) , requests the person who made the decision to furnish a statement as mentioned in that subsection - the day on which the statement is furnished, the applicant is notified in accordance with subsection 13(3) of the opinion that the applicant was not entitled to make the request, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) makes an order under subsection 13(4A) declaring that the applicant was not entitled to make the request or the applicant is notified in accordance with subsection 13A(3) or 14(3) that the statement will not be furnished; or

(iii) in any other case - the day on which a document setting out the terms of the decision is furnished to the applicant.

11(4)    

Where:

(a)    no period is prescribed for the making of applications for orders of review in relation to a particular decision; or

(b)    no period is prescribed for the making of an application by a particular person for an order of review in relation to a particular decision;

the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may:

(c)    in a case to which paragraph (a) applies - refuse to entertain an application for an order of review in relation to the decision referred to in that paragraph; or

(d)    in a case to which paragraph (b) applies - refuse to entertain an application by the person referred to in that paragraph for an order of review in relation to the decision so referred to;

if the court is of the opinion that the application was not made within a reasonable time after the decision was made.

11(5)    

In forming an opinion for the purposes of subsection (4) , the court shall have regard to:

(a)    the time when the applicant became aware of the making of the decision; and

(b)    in a case to which paragraph (4)(b) applies - the period or periods prescribed for the making by another person or other persons of an application or applications for an order or orders of review in relation to the decision;

and may have regard to such other matters as it considers relevant.

11(6)    

The applicant for an order of review is not limited to the grounds set out in the application but, if he or she wishes to rely on a ground not so set out, the court concerned may direct that the application be amended to specify that ground.

11(7)    

The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, on such terms as it thinks fit, permit a document lodged with a Registry of the court in connection with an application under this Act to be amended and may, if it thinks fit, direct such a document to be amended in a manner specified by the court.

11(8)    

The Federal Court Rules may make provision for and in relation to service on appropriate persons of copies of documents lodged with a Registry of the Federal Court under this Act.

11(8A)    

The Federal Circuit and Family Court of Australia (Division 2) Rules may make provision for and in relation to service on appropriate persons of copies of documents lodged with a Registry of the Federal Circuit and Family Court of Australia (Division 2) under this Act.

11(9)    

Strict compliance with Federal Court Rules or Federal Circuit and Family Court of Australia (Division 2) Rules made for the purposes of this section is not required and substantial compliance is sufficient.