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5.13 Material facts


The findings on all material questions of fact must be stated. The matter to be included in the statement in this respect may be described as those matters of fact which have to be determined in making the decision.

When determining an application for assistance or an appeal against a refusal of assistance, the following material questions of fact must be addressed:

  • what assistance is the person seeking?
  • what is the legislative authority for providing that assistance?
  • what are the legislative and policy criteria the person must satisfy to obtain that assistance (ie the relevant sections of the Act and policy guidelines)?
  • which of those criteria does the person not satisfy and why?