Review of certain decisions
390 Review of certain decisions
The decisions set out in the following table are reviewable under this section if an application for review is made under this section by the person set out in the table.
| Reviewable decision | Person who may apply for review | |
|---|---|---|
| 1 | a decision under section 58(5) regarding the inclusion of a person’s address in the publicly available part of an electoral roll | the person |
| 2 | a decision under section 65 not to amend an electoral roll to give effect to a notice by a person | the person who gave the notice |
| 3 | a decision to take action, or not to take action, under section 67(5) to amend the electoral rolls | the person who objected under section 67 to the enrolment of another person or the other person |
| 4 | a decision under section 73 to register, or under section 75 to refuse to register, a political party | any person affected by the decision |
| 5 | a decision under the Act that a person is not a special postal voter | the person |
An application for review of a reviewable decision must—
be in writing; and
be made to—
in the case of a reviewable decision mentioned in item 4 in the table—the Supreme Court; and
in any other case—a Magistrates Court; and
be made within 1 month after the decision comes to the notice of the applicant or such further period as the court allows; and
set out the grounds on which review is sought.
The court must review the decision and make an order—
confirming the decision; or
varying the decision; or
setting aside the decision and making a decision in substitution.
If an application for review of a decision has been made to a Magistrates Court, a party to the application or the Attorney-General may, before or at any stage during the hearing of the application, apply to a District Court or the Supreme Court for removal of the matter to the court.
The court may, by order, grant the application.
If an application for review of a decision is required to be made to a Magistrates Court, a person who may make the application may apply to a District Court or the Supreme Court for leave to make the application to the court instead of a Magistrates Court.
The court may, by order, grant the leave.
The Supreme Court or a District Court is to be constituted by a single judge for the purposes of this section.
The Magistrates Court is to be constituted by a stipendiary magistrate for the purposes of this section.
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