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.
(1) On 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.
(2) The 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.
(3) If 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.
(4) If 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
(5) If 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)
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 –
(a) the matter complained
of is not within the jurisdiction of a Board;
(b) the 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;
(c) the subject matter of
the complaint is trivial;
(d) the complaint is
frivolous, vexatious or is not made in good faith;
(e) the complainant has not
a sufficient personal interest in the subject matter of the complaint.
Privileges and Procedures Committee may –
(a) from among persons suitably qualified by
profession or experience appoint a Chairman and 2 suitably qualified Deputy
Chairmen of the Panel; and
(b) appoint a sufficient number of persons to
constitute the Panel,
to hold office during such
period and on such terms and conditions as the Committee may so direct, and any
person so appointed shall be eligible for re-appointment on the expiry of the person’s
term of office.
(2A) Article 2
of the States of Jersey (Appointment Procedures) (Jersey) Law 2018 shall apply to the appointment of the Chairman, Deputy Chairmen and
other members of the Panel.
Panel shall issue rules of practice and procedure which shall apply in matters
arising under this Law.
Greffier shall ensure that all parties to a complaint are made aware of the
rules issued under paragraph (3).
(1) A States of Jersey
Complaints Board shall be constituted from the States of Jersey Complaints
(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.
(2) Where, 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 act.
(3) Where, 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.
(1) After 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.
(2) Where 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.
(3) Where 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 that
(4) The Board shall provide
the Privileges and Procedures Committee and the complainant with a copy of the
information given under paragraph (3).
(5) The complainant may,
within one month of the information being provided, request the Board to
(6) The 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
(7) On reconvening, the Board
may exercise the powers in Article 8.
(8) In 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 Committee.
(9) The Privileges and
Procedures Committee shall present to the States a copy of any information or
report that it receives under this Article.
(1) The Panel shall present
in every year a report to the Privileges and Procedures Committee on the
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.
(2) The Privileges and
Procedures Committee shall present a copy of the report to the States.
(3) 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
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.