Last updated 30 August 2016
The time within which an application for a statutory order of review under s 26 of the Judicial Review Act 1991 (Qld) (Judicial Review Act) must be made is normally 28 days after the decision is made. If, however, the decision does not set out the reasons for the decision, the application must be made within 28 days from the day on which a written statement of reasons is given to the applicant. The position is similar under s 11 of the Commonwealth Administrative Decisions (Judicial Review) Act 1977 (Cth).
The court has a discretion to permit an applicant to lodge the application within such further time as the court allows, although an applicant would need to show the court good reason for the delay before it would allow a late application.
An application for review under pt 5 of the Judicial Review Act must be made as soon as possible and, in any event, within three months after the day on which the grounds for the application arose. The court also has power to extend the period within which to make the application, but would equally require that there be good reasons for the delay (s 46 Judicial Review Act).