(1) If a decision maker fails to comply with a request under section 35(1), the person who made the request may apply to the Tribunal for an order that the decision maker give the statement to the person.
(2) The person must give notice of the application to the decision maker within the time specified by the rules.
(3) If the Tribunal is satisfied that the person is entitled to be given the statement, the Tribunal may order that the decision maker give the statement to the person within the time specified in the order.
(4) The Tribunal may order a decision maker to give the statement even if a request is not lodged within the time period specified in section 35 (3) if the Tribunal considers there were reasonable grounds for the applicant not making the request in time.