Document ID: chunk:federal_register_of_legislation:C2025C00015:section:78
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 78
Character Range: 187636–189604

78  Time period for making a decision
 (1) Within 7 days after receiving an application under subsection 76(1) for review of a decision, the Administrative Review Tribunal must (subject to this section) make a decision on the review.

Extending the time period
 (2) Before the end of that 7‑day period, the Administrative Review Tribunal may extend the period for making the decision on the review if the Tribunal is satisfied that it is reasonable in all the circumstances to do so. The Tribunal may only extend the period once.
 (3) If the Administrative Review Tribunal extends the period under subsection (2) in relation to an application, the Tribunal must make a decision on the review to which the application relates by the end of the period as extended.
Note: Under subsection 76(4), the application may be taken to also relate to a later decision. The Tribunal must make a decision on the review in relation to all decisions to which the application relates by the end of the period as extended.

Deemed decision
 (4) If the Administrative Review Tribunal does not make a decision in accordance with subsection (1) or (3) (as the case requires), the Tribunal is taken, at the end of the period referred to in that subsection, to have made a decision under section 105 of the Administrative Review Tribunal Act 2024 to affirm the decision under review.

No time period for making decision if direction has ceased to be in force
 (5) The Administrative Review Tribunal is not required to make a decision within any specified time period, and is not taken to have made a decision under subsection (4) of this section, if:
 (a) an application under subsection 76(1) relates to a decision to give a direction to an individual; and
 (b) the direction has ceased to be in force; and
 (c) there is no other direction referred to in paragraph 76(3)(b) given to the individual that is still in force.
Note: For when a direction ceases to be in force, see section 73.