STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 21
STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 21
21 . Statement of reasons for decision, request for etc.
(1) If this subsection
applies to a reviewable decision, a person who has a right under an enabling
Act or section 44(3) to have the decision reviewed by the Tribunal may request
the decision-maker to provide the person with a written statement of the
reasons for the decision.
(2) Subsection (1)
applies to any reviewable decision unless —
(a) the
decision-maker has already given the person a written statement containing the
details described in subsection (5) (whether as part of the decision or
separately); or
(b) the
enabling Act contains other provisions under which the person has, will,
could, or could have, become entitled to a written statement of the reasons
for the decision containing the details described in subsection (5).
(3) A request under
subsection (1) has to be made in writing and can be made —
(a) at
any time within the period of 28 days after the day on which the decision was
made; or
(b) if
section 20(1) applies, at any time before the expiration of the period of 28
days after the day on which notice is given as required under section 20(1).
(4) Subject to
section 23, a decision-maker receiving a request under subsection (1) is to
comply with the request as soon as practicable, and in any case within the
period of 28 days after the request is made.
(5) Subject to
section 23, the decision-maker’s written statement has to contain
—
(a) the
reasons for the decision; and
(b) any
findings on material questions of fact that led to the decision, referring to
the evidence or other material on which those findings were based.