Administrative Review Tribunal Act 2024 (40 of 2024)

Part 3   Starting a review

Division 3   Applying for review of decision

20   Exception - no prescribed period applies

 

(1) If:

(a) an application for review of a decision is made to the Tribunal; and

(b) the application is not required by law to be made within any particular period; and

(c) the Tribunal considers that the application was not made within a reasonable time after the making of the decision;

the Tribunal must dismiss the application.

      

(2) However, subsection (1) does not apply if the Tribunal considers that there are special circumstances that justify the Tribunal reviewing the decision.

      

(3) In considering the matter in paragraph (1)(c):

(a) the Tribunal must have regard to the following:

(i) the time at which the applicant became aware of the making of the decision;

(ii) if the application would have been required by law to be made within a particular period if the application had been made by someone other than the applicant - that period; and

(b) the Tribunal may have regard to any other matters that it considers relevant.