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OBTAINING THE AUTHORITY'S REASONS

Tom Hurley, Barrister

If the Authority that made the decision did not make known to you the facts upon which its decision was based and the reasons for its decision, you may apply to the Authority requesting a written statement setting out the facts and reasons, as these may help you identify the grounds for review. The decision-maker must then make a statement of reasons within 28 days (s.28 AAT Act; s.45–47 VCAT Act).

In certain cases, a decision-maker is not required to give reasons for a decision where the matter involves the public interest.

Applications for reasons must be in writing. The 28-day period in which to lodge an application for review then runs from the day on which you receive the Authority's reasons, or its refusal to give reasons. Alternatively, you may apply to the Tribunal for review, and you will be given a copy of the reasons.

Also see: "Obtaining reasons for government decisions" in Chapter 21*1 Administrative Law.

OBTAINING THE AUTHORITY'S REASONS :: Last updated: Thu Jul 1st 2010