Decisions (Review) (Jersey) Law 1982
A LAW to make provision for the
review of administrative decisions and for connected purposes
In this Law –
“Board” means a States of Jersey Complaints Board
constituted in accordance with Article 6;
“Greffier” means the Greffier of the States or the
Deputy Greffier of the States;
“Panel” means the States of Jersey Complaints Panel
constituted in accordance with Article 5.
Where any person (referred to in this Law as the
“complainant”) is aggrieved by any decision made, or any act done
or omitted, relating to any matter of administration by any Minister or
Department of the States or by any person acting on behalf of any such Minister
or Department, the person may apply to the Greffier to have the matter reviewed
by a Board.
receipt of any such application the Greffier shall, with the least possible
delay, enquire into the facts of the matter and then present to the Chairman
(or one of the Deputy Chairmen) of the Panel a report on that enquiry.
Chairman (or Deputy Chairman) shall, on the basis of that report (or, in the case
of a matter referred under paragraph (6), on the basis of that reference) and
of any other information he or she may have or obtain, decide whether the
circumstances justify a review of the matter by a Board.
the Chairman (or Deputy Chairman) decides that a review of the matter by a
Board is justified, he or she may nevertheless first attempt informal
resolution of the matter and in that case may use whatever means that he or she
considers reasonable in the circumstances to achieve such a resolution.
the Chairman (or Deputy Chairman) decides that a review of the matter is
justified and that informal resolution of the matter is not appropriate or has
failed (or proved not to be satisfactory), the Greffier shall cause to be
constituted a Board, and the Chairman (or Deputy Chairman) shall refer the complaint
to the Board so constituted.
the Chairman (or Deputy Chairman) decides that a review of the matter is not
justified, he or she shall set out in writing the reasons for that decision and
the Greffier shall then forward to the applicant notice of the decision and
include in that notice those reasons as so set out.
(5A) An applicant
may, within one month of receiving notice of a decision described in
paragraph (5), apply to the Greffier to have the decision reviewed.
(5B) The Greffier
shall inform the Chairman and Deputy Chairmen of an application under paragraph
(5A) and –
the decision to be reviewed was taken by the Chairman, the review of it shall
be undertaken by both Deputy Chairmen;
the decision to be reviewed was taken by a Deputy Chairman, the review of it
shall be undertaken by the other Deputy Chairman and the Chairman.
(5C) If the persons
undertaking a review of a decision described in paragraph (5) do not
uphold that decision, paragraphs (3) and (4) shall apply, with the necessary
modifications, as if they had decided that the matter justified a review.
paragraph (1) if –
matter complained of relates to any matter of administration by the States
Greffe or by any person acting on behalf of the States Greffe; or
complainant is an officer of the States Greffe,
the Greffier shall, without enquiring into the facts of the matter
for the purposes of this Article, forthwith refer the matter to the Chairman (or
one of the Deputy Chairmen) of the Panel for such action as the Chairman or
Deputy Chairman might consider necessary.
The Chairman (or a Deputy Chairman) of the Panel shall not decide that any circumstances
justify a review of any matter by a Board if in his or her opinion –
matter complained of is not within the jurisdiction of a Board;
matter complained of relates to a decision, act or omission of which the
complainant has had knowledge for more than 12 months unless the Chairman (or
Deputy Chairman) is satisfied that there are special circumstances which make
it proper to do so;
subject matter of the complaint is trivial;
complaint is frivolous, vexatious or is not made in good faith;
complainant has not a sufficient personal interest in the subject matter of the
(2) The States may from time to time by
among persons suitably qualified by profession or experience appoint a Chairman
and 2 suitably qualified Deputy Chairmen of the Panel; and
a sufficient number of persons to constitute the Panel,
to hold office during such
period and on such terms and conditions as the States may so direct, and any person
so appointed shall be eligible for re-appointment on the expiry of the person’s
term of office.
(3) The Panel shall issue rules of practice and
procedure which shall apply in matters arising under this Law.
(4) The Greffier shall ensure that all parties
to a complaint are made aware of the rules issued under paragraph (3).
States of Jersey Complaints Board shall be constituted from the States of
Jersey Complaints Panel.
(2) A Board
shall be composed of 3 persons selected from the Panel by the Chairman of the
Panel, and one of those persons shall be the Chairman of the Panel or one of
the Deputy Chairmen of the Panel.
Articles 3, 4 and 6, a person shall not decide whether a review of a matter is
justified, review such a decision or select persons to comprise a Board to
review a matter or, as a member of a Board, undertake such a review, if he or
she is the complainant in respect of the matter or is otherwise connected with,
or was involved in, the matter.
by virtue of paragraph (1), the Chairman cannot do any thing under this
Law that he or she could otherwise do and neither of the Deputy Chairmen can
act in his or her place, the Greffier shall appoint a member of the Panel to so
by virtue of paragraph (1), a Deputy Chairman cannot do any thing under
this Law that he or she could otherwise do and neither the Chairman nor the
other Deputy Chairman can act in his or her place, the Greffier shall appoint a
member of the Panel to so act.
A Board shall, with the least possible delay, enquire into any
complaint referred to it and for this purpose shall regulate its own procedure.
For the purposes of this Law a Board and the Greffier shall have
power to require any document or information to be provided within one month
(or such longer time as the Board, or the Greffier, respectively may allow) by
any Minister, Department or officer, or employee, in an administration of the
States for which a Minister is assigned responsibility, and to hear any person
in connection with any complaint.
completing its enquiry, a Board shall report its findings in writing to the
complainant and to the Minister, Department or person concerned and present a
copy of its report to the Privileges and Procedures Committee.
a Board after making enquiry as aforesaid is of opinion that the decision, act
or omission which was the subject matter of the complaint –
contrary to law;
unjust, oppressive or improperly discriminatory, or was in accordance with a
provision of any enactment or practice which is or might be unjust, oppressive
or improperly discriminatory;
based wholly or partly on a mistake of law or fact;
not have been made by a reasonable body of persons after proper consideration
of all the facts; or
contrary to the generally accepted principles of natural justice,
the Board, in reporting its findings thereon to the Minister,
Department or person concerned, shall request that Minister, Department or person
to reconsider the matter.
a Board requests reconsideration of any matter, it shall also request the
Minister, Department or person concerned to inform it within a specified time
of the steps which have been taken to reconsider the matter and the result of
Board shall provide the Privileges and Procedures Committee and the complainant
with a copy of the information given under paragraph (3).
complainant may, within one month of the information being provided, request
the Board to consider reconvening.
Board may reconvene, of its own motion or following a request under
paragraph (5) if, in its opinion, the information provided under
paragraph (3) and, where a request has been made, any representations made
with it, justify further consideration.
reconvening, the Board may exercise the powers in Article 8.
any case where a Board requested reconsideration of any matter, the Board may,
if it considers that its findings have been insufficiently considered or
implemented, present a report to that effect to the Privileges and Procedures
Privileges and Procedures Committee shall present to the States a copy of any
information or report that it receives under this Article.
Panel shall present in every year a report to the Privileges and Procedures
Committee on the following –
complaints received under this Law;
results of any attempt at informal resolution of the subject matter of such a
summary of the findings of any Board;
steps taken by the relevant Minister, Department or person when a Board has
requested a reconsideration of the matter of such a complaint.
Privileges and Procedures Committee shall present a copy of the report to the
Privileges and Procedures Committee may examine the Panel on the contents of
the Panel’s report and may present to the States the Committee’s
own comments on the report.
The provisions of this Law shall be in addition to, and not in
derogation of, any other remedy which may be available to a complainant.
This Law may be cited as the Administrative Decisions (Review)
(Jersey) Law 1982.