Legislation
To start we will set out the text of the relevant provisions. Although these may
not be an up to date version, they still serve the purposes of our illustration.
We also set out part of s5(1) because it is referred to in s13 and is thus
necessary for our analysis:
5
Applications for review of decisions
(1)
A person who is aggrieved by a decision to which this Act applies that is made after the
commencement of this Act may apply to the Court for an order of review in respect of the
decision on any one or more of the following grounds:
(a)
that a breach of the rules of natural justice occurred in connection with the making
of the decision;
(b)
that procedures that were required by law to be observed in connection with the
making of the decision were not observed; [The rest of s5 states additional grounds for
review.]
13 Reasons for decision may be obtained
(1)
Where a person makes a decision to which this section applies, any person who is
entitled to make an application to the Court under section 5 in relation to the decision may, by
notice in writing given to the person who made the decision, request him 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.
(2)
Where such a request is made, the person who made the decision shall, subject to this
section, as soon as practicable, and in any event within 28 days, after receiving the request,
prepare the statement and furnish it to the person who made the request.
(3)
Where a person to whom a request is made under sub-section (l) is of the opinion that the
person who made the request was not entitled to make the request, the first-mentioned person
may, within 28 days after receiving the request -
(a)
give to the second-mentioned person notice in writing of his opinion; or
(b)
apply to the Court under sub-section (4A) for an order declaring that the person
who made the request was not entitled to make the request.
(4)
Where a person gives a notice under sub-section (3), or applies to the Court under sub-
section (4A), with respect to a request, the person is not required to comply with the request
unless –
(a)
the Court, on an application under
sub-section (4A), declares that the person
who made the request was entitled to make the request; or
(b)
the person who gave the notice under sub-section (3) has applied to the Court
under sub-section (4A) for an order declaring that the person who made the request was not
entitled to make the request and the Court refuses that application,
and, in either of those cases, the person who gave the notice shall prepare the statement to
which the request relates and furnish it to the person who made the request within 28 days
after the decision of the Court.
(4A) The Court may, on the application of –
(a)
a person to whom a request is made under sub-section (l); or
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