Court Proceedings (Delays) Act 2024
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PART 4 Assessment, Acceptance of Assessment, Authorisations, etc. | ||
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Assessment application for breach of right to conclusion of proceedings within reasonable time | ||
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12. (1) Subject to section 15 (7), a person who considers that his or her right under section 11 (1) has been breached may, in accordance with this Part, make an application (in this Act referred to as an “assessment application”) to the Chief Assessor for— | ||
(a) an assessment of whether the person’s right under section 11 (1) has been so breached, | ||
(b) a declaration under section 17 (4)(a) that there has been a breach of the person’s right under section 11 (1), and | ||
(c) where applicable, compensation in accordance with this Part. | ||
(2) Subject to subsection (3), an assessment application may be made only— | ||
(a) where the relevant proceedings concerned have not been concluded, or | ||
(b) where the relevant proceedings concerned have been concluded, within 6 months of the date of conclusion of those proceedings. | ||
(3) Where the relevant proceedings concerned were concluded in the period of 6 months prior to the date of coming into operation of this subsection, an assessment application in respect of those proceedings may be made not later than 6 months after the date of the coming into operation of this subsection. | ||
(4) An assessment application shall— | ||
(a) be in such form, | ||
(b) contain such information, and | ||
(c) be accompanied by— | ||
(i) such documents, and | ||
(ii) such fee, if any, | ||
as the Minister may determine. | ||
(5) The Minister shall arrange for the following to be made available electronically on a website maintained by or on behalf of the Minister: | ||
(a) the assessment application form referred to in subsection (4)(a); | ||
(b) a statement of— | ||
(i) the information referred to in subsection (4)(b), | ||
(ii) the documents referred to in subsection (4)(c)(i), and | ||
(iii) the fee referred to in subsection (4)(c)(ii). |