Administrative Decisions Review Act 1997

General meaning A decision includes any of the following:

making, suspending, revoking or refusing to make an order or determination,

giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission,

issuing, suspending, revoking or refusing to issue a licence, authority or other instrument,

imposing a condition or restriction,

making a declaration, demand or requirement,

retaining, or refusing to deliver up, an article,

doing or refusing to do any other act or thing.

Decision made under enabling legislation For the purposes of this Act, a decision is made under enabling legislation if it is made in the exercise (or purported exercise) of a function conferred or imposed by or under the enabling legislation.

Decisions made without power For the purposes of this Act (and without limiting subsection (2)), a decision that purports to be made under enabling legislation is taken to be a decision made under the enabling legislation even if the decision was beyond the power of the decision-maker to make it.

Failure to make decision on basis that beyond power For the purposes of this Act (and without limiting subsection (2)), a refusal of a decision-maker to make a decision under enabling legislation because the decision-maker considers that the decision concerned cannot lawfully be made under the enabling legislation is taken to be a decision made under the enabling legislation to refuse to make the decision requested.

Failure to make a timely decision taken to be failure to make a decision For the purposes of this Act, a failure by a decision-maker to make a decision within the period specified by the enabling legislation concerned for making the decision is taken to be a decision by the decision-maker at the end of the period to refuse to make the decision.