Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p12
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 12/23)
Character Range: 194191–196862

(2) An expression used in this Chapter and in the Human Rights Act has the same meaning in this Chapter as it has in the Human Rights Act.
Note: The following expressions are defined in the Human Rights Act:
(a) affected person;
(b) alleged unlawful discrimination;
(c) complaint;
(d) unlawful discrimination.

26.03  Form of application
 (1) An application must be in accordance with the approved form.
 (2) Rule 4.04 does not apply to an application in the approved form.

26.04  Copy of application to be given to Commission
  At least 5 days before the date fixed for the first court date, the applicant must give to the Commission:
 (a) a sealed copy of the application showing the date, time and place of the first court date; and
 (b) a copy of any other documents filed.

26.05  Form of response to application
 (1) A response to an application must be in accordance with the approved form.
 (2) Rule 4.04 does not apply to a response to an application in the approved form.

26.06  Appearance by special‑purpose Commissioner
  If the Court gives leave to a special‑purpose Commissioner to assist the Court in a proceeding, the special‑purpose Commissioner must:
 (a) file a notice of address for service; and
 (b) serve a sealed copy of the notice on each party to the proceeding.

Chapter 3—Judicial review proceedings and administrative appeals

Part 27—Judicial review
Note: See Part 29 in relation to jurisdiction under section 476 of the Migration Act 1958.

27.01  Application of Part 27
 (1) This Part applies to a proceeding under the AD(JR) Act.
Note: For AD(JR) Act, see rule 1.05.
 (2) Chapter 1 applies, so far as it is relevant and not inconsistent with this Chapter, to a proceeding under the AD(JR) Act.

27.02  Application for order of review
 (1) A person who wants to apply for an order of review under subsection 11(1) of the AD(JR) Act must file an originating application, in accordance with the approved form.
 (2) If the grounds of the application include an allegation of fraud or bad faith, the originating application must include details of the alleged fraud or bad faith.

27.03  Application for extension of time
 (1) A person who wants to apply for an extension of time within which to lodge an application for an order of review under paragraph 11(1)(c) of the AD(JR) Act must file an application for an extension of time, in accordance with the approved form.
 (2) An application for an extension of time must be accompanied by:
 (a) an affidavit stating:
 (i) briefly, but specifically, the facts on which the application relies; and
 (ii) why the application was not filed within time; and
 (b) a draft application that complies