24Administrative review applications

24 Administrative review applications

24 Administrative review applications

(1) An administrative review application must be—

(a) in or to the effect of the approved form, and

(b) duly completed, and

(c) lodged at the Registry, and

(d) accompanied by the applicable fee (if any) for the application.

(2) An administrative review application need not specify the Division of the Tribunal to which the function of determining the application is allocated by the Act. However, if the appropriate Division is not specified or an incorrect Division is specified, a registrar may complete or alter the application form accordingly.

(3) Unless the Tribunal grants an extension under section 41 of the Act, an application must be made—

(a) in the case where enabling legislation specifies the period within which the application is to be made—within the period specified, or

(b) in any other case—by the end of the default application period.

(4) The default application period for the purposes of subrule (3)(b) is—

(a) in the case where the applicant has duly applied for an internal review of the administratively reviewable decision under the Administrative Decisions Review Act 1997—the period of 28 days after the day on which the internal review is taken to have been finalised under section 53(9) of that Act, or

(a1) in the case of an administrative review application under section 55 of the Privacy and Personal Information Protection Act 1998—the period of 28 days after—

(i) if an internal review under section 53 of that Act is completed within 60 days from the day on which the application for the internal review was received by the public sector agency concerned—the day on which the applicant was notified of the result of the internal review, or

(ii) if an internal review under section 53 of that Act is not completed within that 60-day period—the day on which the 60-day period expires or the day on which the applicant was notified of the result of the internal review (whichever is the later), or