(2)
Reasons, if given, would contain information that is covered by a
certificate of the Attorney General under s14.
3
Consequences: Reasons
When the elements just described are satisfied an applicant is entitled to obtain
reasons. There are two aspects, form and content.
Form
Oral reasons are not sufficient because reasons must be written. Section 13(1)
refers to reasons as being “a statement in writing”.
Content
First, there is the general requirement. As a matter of statutory interpretation
the natural meaning of “reasons” designates an explanation for why the
particular decision was made as it was in preference to any of the other
options that were open to the decision maker. Clearly there is no precise
measuring rod for judging how detailed this explanation must be. It is therefore
a matter for the court to decide in the event that there is a dispute.
Second, in making this explanation the decision maker is specifically obliged
by s13(1) to include in the reasons two specific and related items, fact and
evidence:
(1)
The “findings on material questions of fact”.
(2)
A “reference to the evidence or other material on which those findings
were based”.
4
Jurisdiction: Decision Maker
Jurisdiction or authority to give reasons is conferred on the decision maker.
775
Consistently with this, the Act provides that those who want reasons make
their application to the decision maker.
776
5
Procedure
Application for Reasons
Section 13(1) sets out the procedural requirement for the application itself. The
application must (i) request reasons, (ii) be in writing, and (iii) be given to the
decision maker.
Time Limits: Application for Reasons
Time limits for an applicant for reasons are set out in s13(5). Two cases are
provided for as follows:
775
Judicial Review Act 1977
s13(2). There are provisions about the decision
maker in s17.
776
Judicial Review Act 1977 s13(2)
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