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 Board of Administrative Appeal constituted in
accordance with this Law;
“Greffier” means the
Greffier of the States or the Deputy Greffier of the States.
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 Committee or
Department of the States or by any person acting on behalf of any such Committee
or Department, the person may apply to the Greffier to have the matter reviewed
by a Board.
On receipt of any such application the Greffier shall enquire into
the facts of the matter and, if satisfied as a result of the enquiries, and after consultation with the Chairman or, in the
Chairman’s absence, one of the Deputy Chairmen, of the Administrative
Appeals Panel, that the circumstances justify a review
of the matter by a Board, the Greffier shall refer the matter to a Board which the Chairman or, in the Chairman’s absence, one of the
Deputy Chairmen of the Administrative Appeals Panel, in consultation with the
Greffier, shall constitute for that purpose:
Provided that –
the 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 a member of the staff 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
Deputy Chairman for such action as the Chairman or Deputy Chairman might
The Greffier shall not refer any complaint to a Board if in the
Greffier’s 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 Greffier 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
(1) Boards shall be constituted from an
Administrative Appeals Panel (referred to in this Law as the “Panel”)
of persons appointed by the States in manner hereinafter provided.
(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.
The Board shall be
composed of 3 persons selected from the Panel, one of whom shall be the
Chairman or one of the Deputy Chairmen.
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 call for documents from any Committee, Department or officer or
employee of any Committee or Department 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 Committee, Department or person concerned.
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 Committee,
Department or person concerned, shall request that Committee, Department or person
to reconsider the matter.
a Board requests reconsideration of any matter, it shall also request the Committee,
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 that
a Board, having requested reconsideration by the Committee, Department or person
concerned, is of the opinion that the findings of the Board have been
insufficiently considered or implemented, it may present a report of the matter
to the Privileges and Procedures Committee which shall refer the matter to the
Panel shall, every 12 months, report to the Privileges and Procedures Committee
on the complaints received, the findings of any Board in relation thereto and
any steps taken on a reconsideration of any matter and the Privileges and
Procedures Committee shall present the report to the States.
Privileges and Procedures Committee may examine the Panel on the contents of
the Panel’s annual 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.
Any expenses incurred in carrying out the provisions of this Law
shall be defrayed out of a vote of credit granted
annually to the Privileges and Procedures Committee for the purpose.
This Law may be cited as the Administrative Decisions (Review)
(Jersey) Law 1982.