TASIn ForceAct
Judicial Review Act 2000
30Decision maker must comply with request except in certain circumstances
Start here
Get a plain-English read of 30
Turn the raw legal text into a practical explanation grounded in Judicial Review Act 2000.
### 30 Decision maker must comply with request except in certain circumstances
> > (1) Subject to this section, a person to whom a request is made under [section 29](#GS29@EN) (the ***decision maker***) must, as soon as practicable, and, in any event, within 28 days after receiving the request, provide the statement to the person who made the request (the ***requester***).
>
> > (2) If the decision maker is of the opinion that the requester was not entitled to make the request, the decision maker may, within 28 days after receiving the request –
> >
> > > > (a) give to the requester written notice of the decision maker's opinion; or
> > >
> > > > (b) apply to the Court under [section 36](#GS36@EN) for an order declaring that the requester was not entitled to make the request.
>
> > (3) If the decision maker gives a notice under [subsection (2)](#GS30@Gs2@EN) or applies to the Court under [section 36](#GS36@EN) , the decision maker is not required to comply with the request unless –
> >
> > > > (a) the Court, on an application under [section 35](#GS35@EN) , orders the decision maker to give the statement; or
> > >
> > > > (b) the decision maker has applied to the Court under [section 36](#GS36@EN) for an order declaring that the requester was not entitled to make the request and the Court refuses the application.
>
> > (4) The decision maker may refuse to prepare and give the statement if –
> >
> > > > (a) in the case of a decision the terms of which were recorded in writing and set out in a document that was given to the requester, the relevant request was not made within 28 days after the day on which the document was given; or
> > >
> > > > (b) in any other case, the relevant request was not made within a reasonable time after the decision was made.
>
> > (5) If [subsection (4)(a)](#GS30@Gs4@Hpa@EN) or [(b)](#GS30@Gs4@Hpb@EN) applies to the decision maker, the decision maker must give to the requester, within 14 days after receiving the relevant request, written notice stating –
> >
> > > > (a) that the statement will not be given to the requester; and
> > >
> > > > (b) the reasons why it will not be given.
>
> > (6) For the purposes of [subsection (4)(b)](#GS30@Gs4@Hpb@EN) , a request for a statement relating to a decision is taken to have been made within a reasonable time after the decision was made if the Court, on application by the requester, declares that the request was made within a reasonable time after the decision was made.