QLDIn ForceAct
Judicial Review Act 1991
sec.22Application in relation to failure to make decision
Start here
Get a plain-English read of sec.22
Turn the raw legal text into a practical explanation grounded in Judicial Review Act 1991.
### sec.22 Application in relation to failure to make decision
If—
a person has a duty to make a decision to which this Act applies; and
there is no law that fixes a period within which the person is required to make the decision; and
the person has failed to make the decision;
a person who is aggrieved by the failure of the person to make the decision may apply to the court for a statutory order of review in relation to the failure to make the decision on the ground that there has been unreasonable delay in making the decision.
If—
a person has a duty to make a decision to which this Act applies; and
a law fixes a period within which the person is required to make the decision; and
the person failed to make the decision before the end of the period;
a person who is aggrieved by the failure of the person to make the decision within the period may apply to the court for a statutory order of review in relation to the failure to make the decision within the period on the ground that the person has a duty to make the decision despite the end of the period.
This section applies only to a decision required to be made after the commencement of this Act.
(sec.22-ssec.1) If— a person has a duty to make a decision to which this Act applies; and there is no law that fixes a period within which the person is required to make the decision; and the person has failed to make the decision; a person who is aggrieved by the failure of the person to make the decision may apply to the court for a statutory order of review in relation to the failure to make the decision on the ground that there has been unreasonable delay in making the decision.
(sec.22-ssec.2) If— a person has a duty to make a decision to which this Act applies; and a law fixes a period within which the person is required to make the decision; and the person failed to make the decision before the end of the period; a person who is aggrieved by the failure of the person to make the decision within the period may apply to the court for a statutory order of review in relation to the failure to make the decision within the period on the ground that the person has a duty to make the decision despite the end of the period.
(sec.22-ssec.3) This section applies only to a decision required to be made after the commencement of this Act.
- (a) a person has a duty to make a decision to which this Act applies; and
- (b) there is no law that fixes a period within which the person is required to make the decision; and
- (c) the person has failed to make the decision;
- (a) a person has a duty to make a decision to which this Act applies; and
- (b) a law fixes a period within which the person is required to make the decision; and
- (c) the person failed to make the decision before the end of the period;