ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1989 - SECT 13 Reasons for decision may be obtained
ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1989 - SECT 13
Reasons for decision may be obtained(1) If a person (the decision-maker ) makes a decision to which this section applies, a person (the requester ) who is entitled to make an application to the Supreme Court under section 5 in relation to the decision may, in writing, request the decision-maker to provide a written statement of reasons in relation to the decision.
Note For the meaning of statement of reasons , see the dict.
(2) The decision-maker must, as soon as practicable and in any event not later than 28 days after the day the decision-maker receives the request (the request day ), prepare the statement and give it to the requester.
(3) If the decision-maker is of the opinion that the requester was not entitled to make the request, the decision-maker may, not later than 28 days after the request day—
(a) give to the requester written notice of the decision-maker's opinion; or
(b) apply to the Supreme Court under subsection (6) for an order declaring that the requester was not entitled to make the request.
(4) Despite subsection (2), if the decision-maker gives notice under subsection (3) or applies to the Supreme Court under subsection (6), the decision-maker is not required to comply with the request unless—
(a) the court, on an application under subsection (6), orders the decision-maker to give the statement; or
(b) the decision-maker has applied to the court under subsection (6) for an order declaring that the requester was not entitled to make the request and the court refuses the application.
(5) If subsection (4) (a) or (b) applies, the decision-maker must prepare the statement and give it to the requester not later than 28 days after the day of the Supreme Court's decision.
(6) On the application of either the decision-maker or requester under this subsection, the Supreme Court may make an order declaring that the requester was, or was not, entitled to make the request.
(7) Despite subsection (2), the decision-maker may refuse to prepare and give the statement to the requester if—
(a) for a decision the terms of which were recorded in writing and set out in a document that was given to the requester—the request was made later than 28 days after the day the document was given to the requester; or
(b) in any other case—the relevant request was not made within a reasonable time after the decision was made.
(8) If subsection (7) (a) or (b) applies, the decision maker must give to the requester, not later than 14 days after the request day, written notice stating—
(a) that the statement will not be given to the requestor; and
(b) the reasons why it will not be given.
(9) For subsection (7) (b), a request for a statement in relation to a decision is taken to have been made within a reasonable time after the decision was made if the Supreme Court, on application by the requester, declares that the request was made within a reasonable time after the decision was made.
(10) On application by the requester under this subsection, the Supreme Court may order the decision-maker to give the requester, within a stated period, an additional statement containing better particulars in relation to stated matters if the court considers that the statement given to the requester does not contain adequate particulars, in relation to the decision.
(11) A regulation may declare decisions not to be decisions to which this section applies.
(12) A regulation made under subsection (11) applies only in relation to decisions made after the regulation takes effect.
(13) In this section:
"decision to which this section applies" means a decision to which this Act applies, other than—
(a) a decision to which the ACT Civil and Administrative Tribunal Act 2008
, section 22B (Requirement to give reasons statements) applies; or
(b) a decision that includes, or is accompanied by, a statement of reasons; or
(c) a decision mentioned in schedule 2.