Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) This section applies if:
(a) a person ( decision maker ) is required under a relevant Act to make a decision; and
(b) the decision, if made, would be a reviewable decision; and
(c) the decision maker has not made a decision by the expiry of:
(i) if the relevant Act specifies a period within which the decision must be made – that period; or
(ii) otherwise – 60 days after the date on which the obligation to make the decision arose.
Example for subsection (1)(c)(ii)
If a person must lodge an application for a decision and there is no specified period within which the decision must be made, the decision maker has not made a decision 60 days after the date the application was lodged.
(2) The decision maker is taken to have made the decision (the first decision ):
(a) at the expiry of the period mentioned in subsection (1)(c); and
(b) in a way that is adverse to all persons who would have had a right to seek a review of the decision had it in fact been made.
(3) If a person applies for a review of the first decision and, before the review is determined, the decision maker in fact makes a decision (the second decision ):
(a) subsection (2) ceases to apply; and
(b) the Tribunal may:
(i) if the second decision is adverse to the applicant and the applicant wishes to continue the review – continue to deal with and determine the review as a review of the second decision; or
(ii) otherwise dismiss the proceedings.