The Importance of Time Limitations

All areas of administrative law have very strict time limitations. The original decision maker will often have a time limitation period within which you can apply for reconsideration. With review in the Magistrates Court the application for review must be made within 28 days of the applicant being notified of the making of the reviewable decision. If the applicant has applied for a statement of reasons, the period is 28 days after the statement of reasons was provided or notification of refusal to provide reasons was given (s 17(2), Magistrates Court (Administrative Appeals Division) Act 2001). The Magistrates AAD has a discretion to extend that time period (s 20) The Supreme Court also has a 28 day period within which an application must be made, but a discretion to extend that time (s 23(1), Judicial Review Act 2000). The Ombudsman will only consider a complaint if the complaint is made within two years of the date of the decision (s 19(1), Ombudsman Act 1975 (Tas)). The time limitation with the Ombudsman is far less restrictive.