Tasmanian Civil and Administrative Tribunal Act 2020
79FTribunal may order statement of reasons to be provided
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79F Tribunal may order statement of reasons to be provided
[Section 79F of Part 8 Inserted by No. 7 of 2025, s. 243, Applied:01 Jul 2025]
(1) A person may apply to the Tribunal for an order under subsection (2) in respect of a decision-maker if –
(a) the person has requested, under section 79C , that the decision-maker prepare and provide a statement of reasons in respect of a reviewable decision and the decision-maker has refused the request under section 79D ; or
(b) the person has requested, under section 79C , that the decision-maker prepare and provide a statement of reasons and the decision-maker has not responded to the request within 28 days after the request was made; or
(c) the decision-maker has prepared and provided a statement of reasons to the person under this Division that the person believes does not meet the requirements of section 79C(3) .
(2) If the Tribunal considers it reasonable in the circumstances to do so, the Tribunal may make an order that requires a decision-maker –
(a) to prepare and provide a statement of reasons in respect of a reviewable decision regardless of whether –
(i) the person who requested the statement was an interested person in respect of the reviewable decision; or
(ii) the request for the statement was made outside the time period during which such a request may be made in respect of the reviewable decision; or
(b) to provide to the applicant for the order such information as is specified in the order, so as to provide the applicant with a statement of reasons that meets the requirements of section 79C(3) .
(3) A decision-maker who is the subject of an order under subsection (2) in respect of a reviewable decision must comply with the order within 28 days after the order is made or such further period as is specified in the order.
(4) For the avoidance of doubt, nothing in this section requires the Tribunal to make an order under this section if the Tribunal is not satisfied that the order is reasonable in the circumstances.