Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 46

Decision-maker to give statement of reasons on request

46. Decision-maker to give statement of reasons on request



(1) A decision-maker must give a written statement of reasons for a decision
to a person as soon as practical, and in any event within 28 days or such
other period as is specified in the enabling enactment, after receiving a
request under section 45.

(2) Subject to this Act, the statement must set out-

   (a)  the reasons for the decision; and

   (b)  the findings on material questions of fact that led to the decision,
        referring to the evidence or other material on which those findings
        were based.

(3) A statement of reasons need not be given under this section if the
decision-maker has already given a written statement containing the matters
referred to in subsection (2) to the person (whether as part of the decision
or separately).

(4) A statement of reasons-

   (a)  must not include any information or matter to which a certificate
        under section 53 (Premier's certificate) applies; and

   (b)  subject to section 47, must not include any information or matter to
        which a certificate under section 54 (Attorney-General's certificate)
        applies.

(5) If a statement of reasons would be false or misleading if it did not
include information or matter referred to in subsection (4), the
decision-maker must inform the person who requested the statement of that fact
and must not give the statement to the person.

(6) Subsection (2)(b) does not apply to a decision made by the Business
Licensing Authority.

(7) A written statement of reasons for a decision by the Business Licensing
Authority complies with subsection (2)(a) if it sets out the statutory ground
on which the decision is based.