55Making of applications

#### 55 Making of applications 55 Making of applications > > (1) An application for an administrative review under this Act of an administratively reviewable decision may only be made by an interested person. > > > (2) Subject to enabling legislation, an application is to be made in the time and manner prescribed by the procedural rules. > > > > Note— > > > > The fees payable for applications are also prescribed by the regulations under the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002). > > > (3) If the interested person was entitled to seek an internal review of the administratively reviewable decision, an application may not be made unless the person has duly applied for such an internal review and the review is taken to have been finalised under section 53 (9). > > > (4) However, the Tribunal may deal with an application for the administrative review of an administratively reviewable decision even though the applicant has not duly applied for an internal review to which the applicant was entitled if the Tribunal is satisfied that: > > > > > (a) the applicant made a late application for the internal review in circumstances where the person dealing with the application unreasonably refused to consider the application and the application to the Tribunal was made within a reasonable time following the administratively reviewable decision of the administrator concerned, or > > > > > (b) it is necessary for the Tribunal to deal with the application in order to protect the applicant’s interests and the application to the Tribunal was made within a reasonable time following the administratively reviewable decision of the administrator concerned. > > > (5) In determining whether a late application for internal review was unreasonably refused or whether an application to the Tribunal was made within a reasonable time for the purposes of subsection (4), the Tribunal is to have regard to: > > > > > (a) the time when the applicant became aware of the making of the decision, and > > > > > (b) in a case to which subsection (4) (a) applies—the period prescribed by or under section 53 for the lodging of an application for an internal review, and > > > > > (c) such other matters as it considers relevant. > > > (6) The Tribunal may also deal with an application even though the applicant has duly applied for an internal review of the decision to which the application relates, and the review is not finalised, if the Tribunal is satisfied that it is necessary for the Tribunal to deal with the application in order to protect the applicant’s interests. > > **s 55:** Am 1997 No 141, Sch 1.1 \[4\]–\[6\]. Subst 2008 No 77, Sch 1 \[13\]. Am 2010 No 135, Sch 1 \[1\]–\[3\]. Subst 2013 No 94, Sch 2.2 \[19\].