A number of statutes at federal and state levels specifically require administrative decision-makers to give reasons for decisions. For example, the Act may require an adverse decision to be accompanied by reasons. Otherwise, a person affected by a decision will usually be entitled to receive reasons if they ask for them.
It is important that you request reasons within the time periods specified in these statutes. Even if you do not have a statutory right to reasons, it is still worth writing to the decision-maker to request reasons for the decision if you have not already been provided with them. It is usually very important to obtain reasons, as it will show the thinking processes of the decision-maker and shed light on whether or not their decision was lawful.
A statement of reasons for a decision may be required to be provided to you under:
- the AAT Act;
- the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("ADJR Act"); or
- the specific Act or Regulation under which the decision was made.
You will be entitled to reasons under the AAT Act if you have a right of merits review to the AAT (s.28 AAT Act; also see: "Obtaining the Authority's reasons", in Chapter 21*3 Administrative Appeals Tribunals).
You will be entitled to reasons under the ADJR Act if:
- the decision was one to which the ADJR Act applies;
- it is not a decision listed in Schedule 2 of the ADJR Act; and
- you have standing to challenge the decision (see: Chapter 21*2 Judicial Review).
Under the ADJR Act "any person who is entitled to make an application (for an order of review)" may require any Commonwealth decision-maker who is subject to the Act:
Note
... to furnish a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision (s.13).The request may be made within 28 days or within a reasonable time, depending on the form of the decision (s.13(5)).
Under the Administrative Law Act 1978 (Vic) ("ALA") any "person affected" by a decision to which the ALA applies may ask the decision-maker to provide a statement of reasons (s.8(1)). A statement of reasons can help you work out what is wrong with the decision and how it might be challenged. The types of decisions to which the ALA applies are described in Chapter 21*2 Judicial Review, under the heading "Scope of the Act". Normally the request must be made within 30 days after the decision has become known to the individual and in any event not later than 90 days after its giving or notification (s.8(2)).
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OBTAINING REASONS FOR GOVERNMENT DECISIONS :: Last updated: Thu Jul 1st 2010