New South Wales Consolidated Acts

ADMINISTRATIVE DECISIONS TRIBUNAL ACT 1997 - SECT 89

89 Tribunal to give decision determining application

(1) If the Tribunal makes an original decision or determines an application for the review of a reviewable decision, the Tribunal is to cause a copy of its decision to be served on each party to the proceedings for the decision.

(2) The Tribunal may give reasons either orally or in writing for its decision.

(3) If the Tribunal does not give reasons in writing for its decision:

(a) a party to the proceedings may, within 28 days after the day on which a copy of the decision of the Tribunal is served on that party, request the Tribunal to give the party a statement in writing of the reasons of the Tribunal for its decision, and

(b) the Tribunal must, within 28 days after receiving the request, give the party such a statement.

(4) For the purposes of compliance with subsection (3), it is sufficient if the Tribunal gives the party a copy of a transcript of oral reasons previously delivered that complies with subsection (5).

(5) If the Tribunal gives the reasons for its decision in writing under subsection (3), the written reasons are to set out the following:

(a) the findings on material questions of fact, referring to the evidence or other material on which those findings were based,

(b) the Tribunal’s understanding of the applicable law,

(c) the reasoning processes that lead the Tribunal to the conclusions it made.