Administrative Review Tribunal Act 2024 (40 of 2024)

Part 4   Proceedings

Division 10   After proceeding ends

112   Notice of decision and statement of reasons - other proceedings

When this section applies

 

(1) This section applies if the Tribunal makes a decision finalising a proceeding in the Tribunal, other than:

(a) a public interest decision mentioned in subsection 94(1) or (2) (public interest decisions made by Tribunal); or

(b) a decision under section 96 (Tribunal may dismiss application if parties consent); or

(c) a decision under subsection 103(2) (decision agreed by parties); or

(d) a decision under section 105 (Tribunal decision on review of reviewable decision).

      

(2) To avoid doubt, this section does not apply in relation to a decision under section 128 (President decides whether to refer Tribunal decision to guidance and appeals panel).

Notice of decision

      

(3) The Tribunal must give each party to the proceeding notice of the Tribunal's decision orally or in writing.

General rule - Tribunal must give statement of reasons on request

      

(4) The Tribunal may give reasons for the Tribunal's decision to the parties to the proceeding orally or by giving a statement of reasons for the decision.

      

(5) If the Tribunal has not given a party to the proceeding a statement of reasons for the Tribunal's decision, the party may, within 28 days after the day the Tribunal's decision is made, request the Tribunal to give the party a statement of reasons for the Tribunal's decision.

      

(6) The request must be given to the Tribunal in writing.

      

(7) Within 28 days after receiving the request, the Tribunal must give the party a statement of reasons for the Tribunal's decision.

Exception

      

(8) This section is subject to sections 70 (Tribunal may restrict publication or disclosure of information) and 91 (disclosure of information - public interest certificate).