New South Wales Consolidated Acts

ADMINISTRATIVE DECISIONS REVIEW ACT 1997 - SECT 50

50 Administrator may refuse reasons in certain cases

(1) An administrator may refuse to prepare and provide a statement of reasons requested by a person under this Division if:

(a) the administrator is of the opinion that the person is not entitled to be given the statement, or

(b) in the case of a decision the terms of which were recorded in writing and set out in a document that was provided to the person--the request was not made within 28 days after the person was provided with the document, or

(c) in any other case--the request was not made within a reasonable time after the decision was made.

(2) An administrator who refuses under subsection (1) to prepare and provide a statement of reasons must notify the person requesting the statement, in writing, of the administrator's refusal and the reasons for the refusal as soon as practicable (and in any event within 28 days) after the request.

(3) The administrator is not to refuse to prepare and provide a statement of reasons if:

(a) in the case of a refusal based on subsection (1) (a)--the Tribunal declares, on an application made under section 51 (1), that the person who made the request was entitled to make the request, or

(b) in the case of a refusal based on subsection (1) (c)--the Tribunal declares, on an application made under section 51 (2), that the person who made the request did so within a reasonable time.

(4) If an administrator cannot refuse to comply with a request for a statement of reasons because of a decision of the Tribunal referred to in subsection (3), the administrator must prepare the written statement of reasons that was originally requested and provide it to the person who requested it as soon as practicable (and in any event within 28 days) after the Tribunal's decision.