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 Report 33

Review of the Administrative Decisions (Judicial Review) Act: Statements of Reasons for Decisions, 1991

Summary of the report

The report was transmitted to the Government on 14 February 1991.

The report contains 26 recommendations. Consistent with the view that the requirements of justice can be met only by ensuring that in every case where judicial review is available under the Act there is also an entitlement to reasons, the Council recommended that Schedule 2 (which exempts classes of decisions set out in the Schedule from the requirement to give reasons) be repealed.

However, acknowledging the need to prevent the disclosure of information, which should not in the public interest be disclosed in statements of reasons for decisions, the Council made certain recommendations aimed at bolstering the provisions of section 13A of the Act. The Council also acknowledged that there may be compelling reasons why a class of decisions should not be amenable to review under the Act, and identified classes of decisions fitting this category. The Council recommended that such classes of decisions be excluded from the scope of the Act as a whole.

Response to the report

There has been no formal Government response to date.