Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p81
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 204253–206962

an abuse of the power that is not covered by paragraphs (a) to (c).

"(4) The ground specified in paragraph (1)(g) is not to be taken to have been made out unless:

    (a)     the person who made the decision was required by law to reach that decision only if a particular matter was established, and there was no evidence or other material (including facts of which the person was entitled to take notice) from which the person could reasonably be satisfied that the matter was established; or

    (b)     the person who made the decision based the decision on the existence of a particular fact, and that fact did not exist.

Applications in respect of failures to make decisions

  "166LC.(1) If:

             (a) a person, other than a tribunal, has a duty to make a judicially-reviewable decision; and

     (b)     there is no provision that specifies a period within which the person is required to make the decision; and

   (c)     the person has failed to make the decision;

application may be made to the Federal Court for an order of review in respect of the failure to make the decision on the ground that there has been an unreasonable delay in making the decision.

  "(2) If:

             (a) a person, other than a tribunal, has a duty to make a judicially-reviewable decision; and

     (b)     there is a provision that specifies a period within which the person is required to make the decision; and

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

application may be made to the Federal Court for an order of review in respect of the failure to make the decision within that period on the ground that the person has a duty to make the decision in spite of the expiration of that period.

Application for review by Federal Court

  "166LD.(1) An application under section 166LB or 166LC must:

    (a)     be made in such manner as is specified in the Rules of Court made under the Federal Court of Australia Act 1976; and

    (b)     be lodged with a Registry of the Federal Court within 28 days of the applicant being notified of the decision.

"(2) The Federal Court must not make an order allowing, or which has the effect of allowing, an applicant to lodge an 'application outside the period specified in paragraph (1)(b).

Persons who may make application

"166LE. An application under section 166LB or 166LC may only be made by:

    (a)     if the judicially-reviewable decision is covered by paragraph 166LA(1)(a) or (b)—the Minister or the applicant in the review by the relevant Tribunal; or

    (b)     if the judicially-reviewable decision is covered by paragraph 166LA(1)(c)—the person who is the subject of the decision.