45Reasons to be given for certain decisions

45 Reasons to be given for certain decisions

45 Reasons to be given for certain decisions

(1) A relevant decision maker must record the reasons for the following decisions and give a written copy of the reasons to each person considered by the decision maker to have been directly affected by the decision—

(a) any decision in respect of which there is a right of review by the Tribunal, other than a decision of a kind referred to in section 28 (1) (c),

(b) any decision by a service provider that is likely to have a significant impact on the quality or availability of a community service, and that directly affects one or more persons using the service, being a decision in respect of which a request for reasons is made to the service provider by or on behalf of a person so affected within 28 days after the decision is notified to that person.

(2) (Repealed)

(3) If a person or body makes a prescribed decision that is an administratively reviewable decision under the Administrative Decisions Review Act 1997, the requirements of subsection (1) are taken to be satisfied in relation to any person who is entitled to apply only if—

(a) notice is given to the person in accordance with section 48 (Notice of decision and review rights to be given by administrators) of the Administrative Decisions Review Act 1997, and

(b) a statement of reasons containing the matter specified by section 49 (3) of that Act is also given to the person.

(4) In this section—

relevant decision maker means the following—

(a) the Minister,

(b) the Secretary of the Department of Communities and Justice,

(c), (d) (Repealed)

(e) a service provider (other than an authorised carer within the meaning of the Children and Young Persons (Care and Protection) Act 1998).

s 45 (previously s 114): Am 1993 No 46, Sch 2; 1996 No 30, Sch 1. Subst 1997 No 77, Sch 1.6 [11]. Am 2002 No 42, Sch 1 [32]–[36]. Renumbered 2002 No 42, Sch 1 [46]. Am 2013 No 95, Sch 2.37 [11] [12]; 2014 No 20, Sch 1 [24]; 2016 No 27, Sch 1.5 [4]; 2019 No 25, Sch 5.13[18]; 2023 No 7, Sch 1.2[3].