(1)
Case 1: Applicant Advised of Decision. Case 1 covers the situation
where the terms of the decision were recorded in writing and set out in a
document which was furnished to the applicant. In this case the request must
be made on or before the 28th day after the day on which that document was
so furnished.
(2)
Case 2: Other Cases. In all other cases the request must be made within
a
reasonable time after the decision was made.
Furnishing Reasons
When a request is made for reasons the person who made the decision must
prepare the statement of reasons and furnish it to the person who made the
request.
777
Time Limits: Furnishing Reasons
A decision maker must furnish reasons as soon as practicable and in any event
within 28 days after the request for reasons is received.
778
6
Enforcement
There are two circumstances when enforcement may be required –
where
reasons are refused altogether or
where reasons are furnished and are
inadequate. This right to reasons can or may be enforced by several means.
Two of these means are provided by the Judicial Review Act:
(1)
Total Refusal of Reasons. Where reasons are refused altogether there is
a special mechanism for enforcement of the right in s13 (3), (4) and (4A) of
the Judicial Review Act. These provisions authorise the court to require the
decision maker to give reasons.
(2)
Inadequate Reasons. Where reasons are furnished but are inadequate
there is a special mechanism for enforcement of the right in s13(7) of the
Judicial Review Act. Section 13(7) authorises the court to require the decision
maker to give further and better particulars of the reasons.
777
Judicial Review Act s13(2)
778
Judicial Review Act s13(2)
 |
 |
 |