Obtaining reasons for decision

Contributed by Margaret Jordan and current to 1 September 2005

STATEMENTS OF REASONS UNDER COMMONWEALTH LAW

Possibly the greatest virtue of the ADJR Act lies in its provisions enabling individuals to compel administrative bodies to provide the reasons for their decisions without having to commence otherwise potentially time consuming and complex legal action to obtain them. These provisions are found in section 13 of the Act.

Under the Act any person who is entitled to make an application for an order of review may require any Commonwealth decision-maker who is subject to the Act to furnish a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision. This places a substantial burden on government to justify its actions. It means that any person who satisfies the ‘standing’ requirement of the Act will be able to ask for reasons from government for its actions. The government is obliged to provide a statement within 28 days of the request. There are certain limitations on the obligation to furnish reasons under the Act. They relate mainly to information of private concern to third parties, trade secrets and matters properly subject to Crown privilege.