180-day rule
A key PAJA timing rule often linked to when judicial-review proceedings should be started.
Definition
The 180-day rule is a timing concept in administrative-law review matters. The practical question is usually when the decision, reasons, internal remedy, or final administrative step happened, because timing can affect whether condonation or another explanation is needed.
Key takeaways
A key PAJA timing rule often linked to when judicial-review proceedings should be started.
Administrative Law
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Administrative review deadline
Late review application
Request for reasons
Related resources
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Administrative LawFAQs
180-day rule FAQs
What does 180-day rule mean?
A key PAJA timing rule often linked to when judicial-review proceedings should be started.
When does the review period start?
PAJA section 7 requires review without unreasonable delay and within 180 days. Where an internal remedy applies, the period generally runs from its conclusion. Otherwise the trigger concerns awareness of the action and its reasons, including when awareness could reasonably be expected. Establish the correct trigger from the actual decision and procedural history; this is not permission to wait 180 days.
What if I am late?
Section 9 provides for extending the period by agreement or, failing agreement, by a court or tribunal where the interests of justice require it. An extension is not automatic. Obtain advice promptly and preserve an explanation and records for the entire delay.
What documents help calculate the timeline?
Keep the decision, delivery evidence, reasons, requests for reasons, internal appeal papers and outcome, with a dated chronology. Record when each was received and any earlier knowledge of the decision.
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