Is Covered under this ACT

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 - SECT 7Applications in respect of failures to make decisions

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 - SECT 7

Applications in respect of failures to make decisions

(1) Where:

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

(b) there is no law that prescribes a period within which theperson 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 tomake the decision may apply to the Federal Court or the Federal Circuit andFamily Court of Australia (Division 2) for an order of review inrespect of the failure to make the decision on the ground that there has beenunreasonable delay in making the decision.

(2) Where:

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

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

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

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