Person affected by decision may obtain reasons for decision | Health Policy Library, Defence Service Homes (DSH), General Orders, Administrative Framework, 8 Administrative Appeals Tribunal Act 1975, 8.1 AAT Legislation

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Person affected by decision may obtain reasons for decision

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Section 28 (1) Where a person makes a decision in respect of which an application may be made to the Tribunal for a review, any person (in this section referred to as the "applicant") who is entitled to apply to the Tribunal for a review of the decision may, by notice in writing given to the person who made the decision, request that person to furnish to the applicant 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, and the person who made the decision shall, as soon as practicable but in any case within 28 days after receiving the request, prepare, and furnish to the applicant, such a statement.

Section 28 (1A) A person to whom a request for a statement in relation to a decision is made under sub-section (1) may refuse to prepare and furnish the statement if -

(a) in the case of a decision the terms of which were recorded in writing and set out in the document that was furnished to the applicant - the request was not made on or before the twenty-eighth day after the day on which the document was furnished to the applicant; or

(b) in any other case - the request was not made within a reasonable time after the decision was made,

and in any such case the person to whom the request was made shall give to the applicant, as soon as practicable but in any case within 28 days after receiving the request, notice in writing stating that the statement will not be furnished to him and giving the reason why the statement will not be so furnished.

Section 28 (1B) For the purposes of paragraph (1A) (b), a request for a statement in relation to a decision shall be deemed to have been made within a reasonable time after the decision was made if the Tribunal, on application by the person who made the request, declares that the request was made within a reasonable time after the decision was made.

Section 28 (5) If the Tribunal, upon application, as prescribed, for a declaration under this sub-section made to it by an applicant to whom a statement has been furnished in pursuance of a request under sub-section (1), considers that the statement does not contain adequate particulars of findings on material questions of fact, an adequate reference to the evidence or other material on which those findings were based or adequate particulars of the reasons for the decision, the Tribunal may make a declaration accordingly, and, where the Tribunal makes such a declaration, the person to whom the request for the statement was made shall, as soon as practicable but in any case within 28 days after the Tribunal makes the declaration, furnish to the applicant an additional statement or additional statements containing further and better particulars in relation to matters specified in the declaration with respect to those findings, that evidence or other material or those reasons.