When is the deadline for request to the decision-maker for a statement of reasons under the ad(jr) act?
The catalogue records a 28 days period from The day on which a document setting out the terms of the decision was furnished to the person. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The day on which a document setting out the terms of the decision was furnished to the person
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- No extension power. Where the decision was not recorded in writing and furnished, s 13(5)(b) applies instead and the test is whether the request was made within a reasonable time after the decision was made, which the Court may declare under s 13(6). Never compute the extension.
- Added on verification: missing from the researched catalogue even though it controls the AD(JR) review deadline. If the request is made in time and a statement is furnished, the 28 days for an order of review runs from the day the statement is furnished under s 11(3)(b)(ii) rather than from the decision document, so a timely request materially extends the review window. If the request is late the decision-maker may refuse it, and must give notice of refusal within 14 days after receiving the request. Counted under Acts Interpretation Act 1901 (Cth) s 36; FCR r 1.61 does not apply and there is no 24 December to 14 January exclusion.