(b)
a decision that includes, or is accompanied by a statement setting out, findings of
facts, a reference to the evidence or other material on which those findings were based and the
reasons for the decision; or
(c)
a decision included in any of the classes of decision set out in Schedule 2.
Analysis
The following analysis concentrates on describing the structure of s13 which
creates and defines a right to reasons. It brings out the underlying logic (which
is not very apparent from these provisions as they are now written) and in so
doing shows how the provisions relate to each other in an ordered way. It
does not, however, in the interest of simplicity show every detail of the
provision, although these details could be easily attached to this structure. This
analysis incorporates reference to s13A and s14 which affect s13.
1
Introduction
Section 13 of the Judicial Review Act
creates a right to obtain reasons for a
decision.
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Reasons are available under the Judicial Review Act as a matter of
right and not merely at the discretion of the decision maker. We ascertain this
from a combined reading of s13(1) and s13(2). Section 13(1) confers a right
on a person aggrieved by a decision to apply for reasons for that decision,
while s13(2) imposes a duty on the person who made the decision to furnish
reasons (he or she “shall furnish”). The result therefore is a right in a person
aggrieved to obtain reasons –
the duty of the decision maker to furnish
reasons produces a co-relative right in the applicant to obtain them. There are
various remedies available to enforce the right to reasons.
2
Elements: Requirements for Reasons
There are three elements that must be satisfied for an applicant to obtain
reasons:
(1)
Scope. The decision is a decision for which the decision maker must
give reasons.
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(2)
Standing. The applicant has standing. To have standing the applicant
must be a person aggrieved by the decision for which reason are sought.
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(3)
Grounds for Refusal. There are not any grounds available on which
reasons can be refused.
Scope: Decisions for Which Reasons are Given
Reasons are available for a “decision to which this section applies”.
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This
phrase is defined in s13(11) to mean a decision to which the Judicial Review
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Judicial Review Act s13(1) creates the right. It is fleshed out by the rest of s13,
as well as by s13A and s14.
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Judicial Review Act s13
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Judicial Review Act s13(1), read with s5
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Judicial Review Act s13(1)
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