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ARC Best Practice Guide 4 - Reasons

Administrative law

Looks at the requirements of two important Commonwealth Acts that impose on many decision makers a duty to provide reasons for their decisions.

Please note that page 5 of Best Practice Guide 4 has been amended to distinguish the timing rules relating to the receipt of a notice requesting a statement of reasons.  The Acts Interpretation Act 1901 and the Administrative Appeals Tribunal Act 1975 consider a notice (requesting a statement of reasons) to be received at the time a letter is delivered.  The Administrative Decisions (Judicial Review) Act 1977, however, provides that a letter is deemed to have been received at the time it was posted.

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