Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MAGISTRATES COURT (ADMINISTRATIVE APPEALS DIVISION) ACT 2001 (NO. 72 OF 2001) - SECT 46

Court to give decision determining application
(1)  If the Court determines an application for the review of a reviewable decision, the Court is to cause a copy of its decision to be served on each party to the proceedings for the decision.
(2)  The Court may give reasons either orally or in writing for its decision.
(3)  If the Court does not give reasons in writing for its decision –
(a) a party to the proceedings may, within 28 days after the day on which a copy of the decision of the Court is served on that party, request the Court to give the party a statement in writing of the reasons of the Court for its decision; and
(b) the Court must, within 28 days after receiving the request, give the party such a statement.
(4)  For the purposes of compliance with subsection (3) , it is sufficient if the Court gives the party a copy of a transcript of oral reasons previously delivered that complies with subsection (5) .
(5)  If the Court gives the reasons for its decision in writing under subsection (2) , the written reasons are to set out the following:
(a) the findings on material questions of fact, referring to the evidence or other material on which those findings were based;
(b) the Court's understanding of the applicable law;
(c) the reasoning processes that led the Court to the conclusions it made.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback