Section 135 — Injury Prevention, Rehabilitation, and Compensation Act 2001: How to apply for review

135 How to apply for review (1) A review application is made by giving an application that complies with subsection (2) to the Corporation. (2) The application must— (a) be written: (b) whenever practicable, be made on the form made available by the Corporation for the purpose: (c) identify the decision or decisions in respect of which it is made: (d) state the grounds on which it is made: (e) if known by the applicant, state the relief sought: (f) be made within 3 months of— (i) the date on which the claimant has a decision under section 58 ; or (ii) the date on which the Corporation gives notice under section 64 ; or (iii) in the case of a decision under the Code, the date on which the claimant is notified of the decision: (g) in the case of a review application relating to a claim for entitlement, not be made less than 21 days after the date the claim for entitlement is made. (3) Despite subsection (2)(f) and (g) and any time frame prescribed in regulations made under section 328A for the lodgement of a review application, the Corporation must accept a late application if satisfied that there are extenuating circumstances that affected the ability of the claimant to meet the time limits, such as— (a) where the claimant was so affected or traumatised by the personal injury giving rise to the review that he or she was unable to consider his or her review rights; or (b) where the claimant made reasonable arrangements to have the application made on his or her behalf by an agent of the claimant, and the agent unreasonably failed to ensure that the application was made within the required time; or (c) where the Corporation failed to notify the claimant of the obligations of persons making an application. Compare: 1998 No 114 s 136 Subsection (3) was amended, as from 1 July 2005, by section 26 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by inserting the words “ and any time frame prescribed in regulations made under section 328A for the lodgement of a review application ” after the words “ subsection (2)(f) and (g) ” .