46Decision-maker to give statement of reasons on request

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.