First Home Owner Grant Act 2000

The Commissioner must make a decision on an objection within the decision period calculated under subsection (2).

The decision period is the initial period of 90 days beginning on the day the objection is lodged with the Commissioner, plus the number of days equal to the number of days the Commissioner needs (whether the needed days fall during or after the initial 90 day period) —

to obtain from the objector information that the Commissioner reasonably requires to make a decision on the objection; or

to consider any information provided by the objector after the objection was lodged; or

to obtain any advice and assistance from an external agency that the Commissioner reasonably requires to make a decision on the objection.

The Commissioner must notify the objector, before the end of the initial 90 day period, of any periods by which the decision period has been extended up to the time of notification and, if further delays extending the decision period occur after the initial notification, must keep the objector reasonably informed about the extent and the reasons for the further delays.

If the Commissioner fails to make a decision on an objection within 120 days after the day that the objection was lodged with the Commissioner, the objector may, by written notice given to the Commissioner, require the Commissioner to apply to the State Administrative Tribunal for directions as to any or all of the matters referred to in this section, including but not limited to —

the length of the decision period;

the time for the objector to comply with a request for information;

the information to be provided by the objector;

the time for the Commissioner to seek advice and assistance from an external agency.

On receiving a request under subsection (4), the Commissioner must apply to the State Administrative Tribunal for those directions within 14 days after the day on which the Commissioner was given the written notice.

Non‑compliance with subsection (1) does not invalidate a decision on an objection.