Statute Law Amendment Act 2005 (No 2) (ACT)

In the Supreme Court of the Australian Capital Territory, the case before the court involved an application for an order of review concerning decisions made by the Chief Executive Officer under the Industry Workforce Regulation Plan. The applicants sought to challenge the decisions on the grounds that they were made without proper negotiation and were in contravention of the IWRP. The court was required to decide whether the application was made within the required period and whether the court had jurisdiction to consider the application if no specific period was prescribed.

The court addressed the legal issues by examining the provisions of the relevant statutes, specifically the Legislation Act and the Administrative Decisions (Judicial Review) Act. The court found that the application for review must be made within 28 days after the relevant day, which is defined in the statute as the day a document setting out the terms of the decision is given to the applicant. The court also noted that if no specific period is prescribed, it may refuse to consider the application if it is made outside a reasonable time. The court considered the time when the applicant became aware of the decision and any other relevant factors in determining whether the application was made within a reasonable time.

After considering the arguments and the relevant statutory provisions, the court concluded that the application was not made within the required period or within a reasonable time. Consequently, the court found that it did not have jurisdiction to consider the application for review. The court dismissed the application, and no further orders were made.