Administrative Review Tribunal Act 2024 (40 of 2024)

Part 3   Starting a review

Division 3   Applying for review of decision

19   Exception - Tribunal may extend period

Application to extend period

 

(1) A person (the applicant ) may apply to the Tribunal to extend the period during which the applicant may apply to the Tribunal for review of a decision.

      

(2) The Tribunal may, by order, extend the period if the Tribunal considers that it is reasonable in all the circumstances to do so.

      

(3) The Tribunal may extend the period even if it has expired.

Exception - where reinstatement is available or has been refused

      

(4) The Tribunal must not extend the period if:

(a) section 102 permits the applicant to apply to the Tribunal to reinstate an application by the applicant for review of the decision; or

(b) the Tribunal refuses an application by the applicant under section 102 to reinstate an application for review of the decision.

Notice to affected persons may be required

      

(5) The Tribunal may:

(a) give notice of the application to extend the period (the extension application ); or

(b) require the applicant to give notice of the extension application;

to any other person the Tribunal considers is affected by the extension application.

Affected persons may oppose extension application

      

(6) A person notified under subsection (5) may notify the Tribunal within 14 days that the person wishes to oppose the extension application.

      

(7) If a person notifies the Tribunal under subsection (6), the Tribunal must not extend the period unless the Tribunal has given the applicant and any person who notified the Tribunal under subsection (6) a reasonable opportunity to adduce evidence and make submissions to the Tribunal in relation to the extension.