6When to apply—decisions taken to be made because timeframe expires

6 When to apply—decisions taken to be made because timeframe expires

Purpose of this section (1) This section is made for the purposes of subsection 18(1) of the Act. When this section applies (2) This section applies in relation to an application for review of a decision (the decision under review) that is taken to be made by section 16 of the Act or a provision of another Act or legislative instrument. General rule—period ends 28 days after decision is taken to be made (3) The period starts on the day the decision under review is taken to be made and ends on the day that is 28 days after the day the decision under review is taken to be made. Exception—if decision is subsequently made (4) Despite subsection (3), if: (a) the decision under review is a decision not to do a thing; and (b) after the decision under review is taken to be made, the decision‑maker makes or purports to make a decision (the subsequent decision) to do or not do the thing; and (c) the applicant is given notice of the subsequent decision in writing; the period starts on the day the decision under review is taken to be made and ends at the end of the period that applies or would apply in relation to the subsequent decision under section 5.

Note: A person may apply to the Tribunal to extend the period during which the person may apply for review of a decision (see section 19 of the Act).