Version: 2.1
LGS-PR-006: Decision-making and Responding to a Request for Reasons for a Decision
Describes how a person whose interests are adversely affected by an administrative decision or failure to make a decision to which the Judicial Review Act 1991 applies is entitled to request in writing, and be given reasons in writing, for the decision.
Statement of intent
Education Queensland is committed to accountability to the community by its compliance with the Judicial Review Act 1991 
(new window) 
. Providing reasons for decisions ("decision" includes implemented decisions, proposed decisions, conduct leading up to a decision and failure to make a decision) is an integral part of this process. Giving clear reasons for decisions also benefits the department because it:
-
assists in avoiding misunderstandings
-
promotes goodwill and acceptance of adverse decisions
and
-
reduces the likelihood of ill-informed complaints and appeals
A person whose interests are adversely affected by an administrative decision or failure to make a decision to which the Judicial Review Act 1991 (new window) applies is entitled to request in writing, and be given, written reasons for the decision.
All decisions made by departmental officers are subject to the Judicial Review Act 1991 (new window) unless officers of the Legal and Administrative Law Branch advise otherwise.
The person making the request does not have to mention the Judicial Review Act 1991 (new window) or refer specifically to a statement of reasons. A person aggrieved (s7 JRA) by the decision simply has to make a written request to the decision-maker (any departmental officers who make decisions which may adversely affect any person) (s32(2) JRA) asking the decision-maker to provide a written statement in relation to the decision (s32(1) JRA).
Written reasons have the potential to expose flaws in the process adopted by a decision-maker. For this reason it is important that decision-makers have regard to basic guidelines for the making of administrative decisions (refer to the Queensland Ombudsman's An Easy Guide to Good Administrative Decision-making (new window) ).
Judicial Review Court Action
Decision-making by departmental officers may be open to review before the Supreme Court of Queensland.
Commencement of proceedings for a statutory order of review is not dependent on first having obtained a statement of reasons from the decision-maker.
On considering an application for a statutory order of review, the Supreme Court may:
-
order the decision to be quashed or set aside
-
refer the matter back to the decision-maker for further consideration
-
declare the rights of the parties in relation to any matter
-
direct any of the parties to do anything the Court considers necessary to do justice between the parties.
Responsibilities
Officers receiving a request for a statement of reasons for a decision:
-
ensure that any request for a statement of reasons for a decision is in writing
-
treat any correspondence which asks about a decision or how a decision was made, in the first instance, as a request for a statement of reasons
-
pass any request for a statement of reasons promptly to the person who made the decision.
Officers making a decision:
-
-
forward a copy of the request to the Legal and Administrative Law Branch, on receipt
-
-
use records, documents and notes taken when the decision was made
-
state clearly, if a decision has not been documented, that the statement of reasons is based not on written records but on recollections of the circumstances and procedures used at the time the decision was made
-
ensure the statement of reasons contains
-
all of the material facts considered
-
the evidence for these facts
-
how these facts were used to arrive at the decision
-
ensure the statement of reasons sets out:
-
relevant legislation and delegation which gives the decision-maker authority to make the decision
-
legislative requirements, if any, that were considered
-
policy, if any, taken into account
-
evidence or other material on which findings of fact were based
-
findings of fact that were established
-
reasons for rejecting contrary facts, evidence and reasoning supporting alternative decision;
any other matter considered
-
reasons for the decision justified in view of the facts and considerations
-
ensure facts, evidence and reasoning not originally considered are not added to support a previous decision
-
advise the Legal and Administrative Law Branch of the date the statement of reasons was requested
-
liaise with officers of the Legal and Administrative Law Branch to ensure a response is provided within 28 days of receipt
-
forward a copy of the final statement of reasons to the Legal and Administrative Law Branch.
Officers receiving notification of judicial review proceedings:
Officers of Legal and Administrative Law Branch:
-
provide advice and assistance to officers required to provide statement of reasons
-
provide advice and assistance regarding judicial review to officers of Education Queensland
-
register and monitor all requests for statements of reasons
-
provide statistical information to the Attorney-General for each financial year
-
register all Supreme Court actions in relation to judicial review
-
provide assistance and advice to officers subject to Supreme Court action
-
manage litigation involving the department.
Contacts
For information about decision-making and responding to a request for reasons for a decision, contact:
No results from phone include!
Document information
Approval record: TRIM 09/29077
Date of implementation: 2009-03-03 Date of publication: 2009-03-03 Date to be reviewed: 2011-03-03 This procedure replaces: - LL-03: Judicial Review - Version: 1996
- LGS-PR-006: Decision-making and Responding to a Request for Reasons for a Decision - Version: 2.0
^ Top of page
) as a letter from the decision-maker to the aggrieved person (Letter Giving Statement of Reasons (new window) 50k 
Other languages