Act
applies less four exceptions. These exceptions are where any of the
following occur:
(1)
Reasons are available under the Administrative Appeals Tribunal
Act.
768
(2)
Reasons have already been given to the applicant.
769
(3)
The decision is a decision listed in Schedule 2.
770
(4)
The decision is exempted from reasons by regulations made pursuant to
s13(8)-(10).
771
Standing to Obtain Reasons
To obtain reasons a person must have standing. To have standing an applicant
for reasons must be a person “aggrieved” by the decision. This comes about
from a combined reading of s13(1) and s5. Under s13(1) a person who is
entitled to apply for reasons is a person “who is entitled to make an
application to the Court under s5 in relation to the decision”. Standing to make
an application under s5 is that the person is a “person aggrieved” by the
decision.
Grounds for Refusal of Reasons
Reasons can be refused on any of five grounds. These grounds are in two
categories - total refusal, or a choice between total refusal and issuing reasons
with privileged material deleted.
There are three grounds on which reasons may be refused entirely:
(1)
The applicant is not entitled to reasons.
772
(2)
The applicant has delayed in applying for reasons.
773
(3)
There is a statutory provision granting a decision immunity or exemption
from reasons.
774
This provision, however, may be nullified by s4.
There are two grounds on which the decision maker can do either of two
things –
(a) refuse reasons entirely, or (b) give reasons but with privileged
information deleted:
(1)
Reasons, if given, would contain personal information designated by
s13A.
768
Judicial Review Act s13(11)(a). Section 28 of the Administrative Appeals Tribunal
Act provides for reasons for decisions which are subject to review under the Act.
769
Judicial Review Act s13(11)(b)
770
Judicial Review Act s13(11)(c)
771
Judicial Review Act s13(8)-(10)
772
Judicial Review Act 1977 s13(3)-(4A)
773
Judicial Review Act 1977 s13(5)
774
This is a general principle of law, ie a statute can create an exception to
anything. It is not stated in the Act itself.
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