Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 47

The Tribunal may order statement of reasons to be given

47. The Tribunal may order statement of reasons to be given



(1) If a statement of reasons is not given to a person in accordance with
section 46, the person who requested the statement may apply to the Tribunal,
in accordance with the rules, for an order that a statement of reasons be
given to the person.

(2) The applicant must give notice of an application under subsection (1) to
the decision-maker to whom the request for a statement of reasons was made.

(3) On an application under subsection (1), if the Tribunal is satisfied that
the applicant is entitled to receive a statement of reasons, the Tribunal may
order that the decision-maker give a statement of reasons to the applicant
within the time specified in the order.

(4) The Tribunal must not order-

   (a)  that a statement of reasons include any information or matter to which
        a certificate under section 53 (Premier's certificate) applies; or

   (b)  that a statement of reasons be given to the applicant that is false or
        misleading because it does not contain information or matter referred
        to in section 46(4).

(5) The Tribunal may order that a statement of reasons include information or
matter to which a certificate under section 54 (Attorney-General's
certificate) applies if the Tribunal considers it would not be contrary to the
public interest to do so.

(6) The Tribunal's power to make an order under subsection (5) is exercisable
only by the President.

(7) For the purposes of this Act, the question whether or not the inclusion of
information or matter in a statement of reasons would be contrary to the
public interest is a question of law.

Subdivision 2-Jurisdiction of the Tribunal