Victorian Consolidated Legislation

Administrative Law Act 1978 - SECT 8

Reasons for decision to be furnished by tribunal on request by party concerned

8. Reasons for decision to be furnished by tribunal on request by party
concerned



(1) A tribunal shall, if requested to do so by any person affected by a
decision made or to be made by it, furnish him with a statement of its reasons
for the decision.

(2) The request may be made orally or in writing to the tribunal or to any
member or officer thereof but must be made either before the giving or
notification of the decision or else within thirty days after the decision has
come to the knowledge of the person making the request and in any event not
later than ninety days after the giving or notification of the decision.

(3) The statement of reasons shall be in writing and furnished within a
reasonable time.

(4) The Supreme Court, upon being satisfied by the person making the request
that a reasonable time has elapsed without any such statement of reasons for
the decision having been furnished or that the only statement furnished is not
adequate to enable a Court to see whether the decision does or does not
involve any error of law, may order the tribunal to furnish, within a time
specified in the order, a statement or further statement of its reasons and if
the order is not complied with the Court, in addition to or in lieu of any
order to enforce compliance by the tribunal or any member thereof, may make
any such order as might have been made if error of law had appeared on the
face of the record.





(5) Notwithstanding anything in this section a tribunal shall not be bound to
furnish a statement of reasons, and the Court shall not be bound to order it
to do so, where to furnish the reasons would, in the opinion of the Court, be
against public policy, or the person making the request is not a person
primarily concerned with the decision and to furnish the reasons would, in the
opinion of the Court, be against the interests of a person primarily
concerned.

(6) Nothing in this section applies to the Victorian Civil and Administrative
Tribunal or the Business Licensing Authority.