21Duty of decision-maker to lodge material documents with Court where decision reviewed

### 21 Duty of decision-maker to lodge material documents with Court where decision reviewed > > (1)  A decision-maker whose reviewable decision is the subject of an application for review to the Court must, within 28 days after receiving notice of the application, lodge with the Court – > > > > > > (a) a copy of any statement of reasons given to the applicant under [section 13](#GS13@EN) (or, if no such statement was given to the applicant, a statement of reasons including the matters referred to in [section 13(3)](#GS13@Gs3@EN) ); and > > > > > > > (b) a copy of every document or part of a document that is in the possession, or under the control, of the decision-maker that the decision-maker considers to be relevant to the determination of the application by the Court. > > > (2)  If the applicant has not been given a statement of reasons under [section 13](#GS13@EN) , the Court may direct that a copy of the statement of reasons lodged with the Court under [subsection (1)(a)](#GS21@Gs1@Hpa@EN) be given to the applicant within such period or periods as the Court directs. > > > (3)  If the Court considers that a party to the proceedings would or might suffer hardship if the period of 28 days provided by [subsection (1)](#GS21@Gs1@EN) is not shortened or extended, the Court may, at the request of the party, make an order directing that the documents referred to in that subsection be lodged with the Court within such shorter or extended period as is specified in the order. > > > (4)  If the Court considers that other particular documents (or that other documents included in a particular class of documents) may be relevant to the determination of the application, it may cause a notice in writing to be served on the decision-maker – > > > > > > (a) stating that the Court is of that opinion; and > > > > > > > (b) directing the decision-maker concerned to lodge with the Court, before a date specified in the notice, a copy of each of those other documents that is in the possession, or under the control, of the decision-maker. > > > (5)  The registrar of the Court is to grant reasonable access to the applicant in the proceedings to any document lodged under this section by a decision-maker. > > > (6)  For the purpose of [subsection (5)](#GS21@Gs5@EN) – > > > > > ***reasonable access*** includes, but is not limited to, enabling the applicant to make a photocopy of a document during ordinary business hours. > > > (7)  If a party to proceedings before the Court seeks a summons under [section 41](#GS41@EN) against a decision-maker for the production of any document and a copy of that document has been lodged with the Court under [subsection (1)](#GS21@Gs1@EN) or [(4)](#GS21@Gs4@EN) , the Court may (on such conditions as it considers appropriate) direct the registrar to grant the party access to its copy of the document instead of issuing a summons if access to the document could lawfully be required by the issue of a summons. > > > (8)  Nothing in this section requires the disclosure of, or the granting of access to, any document in contravention of any of the following: > > > > > > (a) an order made under [section 22](#GS22@EN) ; > > > > > > > (b) an order made under [section 36](#GS36@EN) . > > > (9)  For the purposes of this section, a reference to a document in the possession of a decision-maker includes a reference to a document to which the decision-maker has an immediate right of access.