Victorian Current Acts

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 46

Decision-maker to give statement of reasons on request

    (1)     A decision-maker must give a written statement of reasons for a decision to a person as soon as practical, and in any event within 28 days or such other period as is specified in the enabling enactment, after receiving a request under section 45.

    (2)     Subject to this Act, the statement must set out—

        (a)     the reasons for the decision; and

        (b)     the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.

    (3)     A statement of reasons need not be given under this section if the decision-maker has already given a written statement containing the matters referred to in subsection (2) to the person (whether as part of the decision or separately).

    (4)     A statement of reasons—

        (a)     must not include any information or matter to which a certificate under section 53 (Premier's certificate) applies; and

        (b)     subject to section 47, must not include any information or matter to which a certificate under section 54 (Attorney-General's certificate) applies.

    (5)     If a statement of reasons would be false or misleading if it did not include information or matter referred to in subsection (4), the decision-maker must inform the person who requested the statement of that fact and must not give the statement to the person.

    (6)     Subsection (2)(b) does not apply to a decision made by the Business Licensing Authority.

    (7)     A written statement of reasons for a decision by the Business Licensing Authority complies with subsection (2)(a) if it sets out the statutory ground on which the decision is based.



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