If—
(a) an application is made under rule 566 or 568 for a statutory order of review in relation to—(i) a decision; or(ii) conduct engaged in, or proposed to be engaged in, for the purpose of making a decision; or(iii) a failure to make a decision; and
(b) the court considers—the court may, instead of refusing the application, order the proceeding to continue as if it had been started as an application for review at that time.(i) the decision to which the application relates does not fall within the definition
"decision to which this Act applies" in section 4 of the Act ; and(ii) any relief or remedy mentioned in section 43 of the Act may have been granted in relation to the decision, conduct or failure if it had been sought in an application for review at the time of starting the application for a statutory order of review;