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 (2) (Repealed) 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](/view/html/inforce/current/act-1997-076), 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](/view/html/inforce/current/act-1997-076), 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 (c), (d) (Repealed) 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](/view/html/inforce/current/act-1998-157)). > > **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\[3\].