New South Wales Consolidated Acts

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 62

62 Tribunal to give notice of decision and provide written reasons on request

(1) The Tribunal (including when constituted as an Appeal Panel) is to ensure that each party to proceedings is given notice of any decision that it makes in the proceedings.

(2) Any party may, within 28 days of being given notice of a decision of the Tribunal, request the Tribunal to provide a written statement of reasons for its decision if a written statement of reasons has not already been provided to the party. The statement must be provided within 28 days after the request is made.

(2A) Subsection (2) does not apply to the following decisions of the Tribunal--

(a) a decision to make an order dispensing with a hearing of the Tribunal under section 50(2),

(b) a decision to grant an adjournment,

(c) a decision under section 60 not to award costs, except where a party has argued there are special circumstances warranting an award of costs,

(d) a decision to award costs in proceedings of either of the following kinds--

(i) proceedings for the exercise of a function of the Consumer and Commercial Division of the Tribunal,

(ii) an internal appeal against a decision of the Consumer and Commercial Division of the Tribunal,

(e) if the parties have consented to the making of an order--a decision to make the order,

(f) other minor procedural decisions that do not have a final or determinative impact on the rights of a party.

(3) A written statement of reasons for the purposes of this section must set out the following--

(a) the findings on material questions of fact, referring to the evidence or other material on which those findings were based,

(b) the Tribunal's understanding of the applicable law,

(c) the reasoning processes that lead the Tribunal to the conclusions it made.

(4) Nothing in this section prevents the Tribunal from giving oral reasons or a written statement of reasons for a decision it makes even if it has not been requested to do so by a party.