Document ID: chunk:federal_register_of_legislation:C2024C00856:section:13:p1
Version: federal_register_of_legislation:C2024C00856
Segment Type: section
Provision Reference: s 13 (pt 1/3)
Character Range: 36865–39427

13  Reasons for decision may be obtained
 (1) Where a person makes a decision to which this section applies, any person who is entitled to make an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under section 5 in relation to the decision may, by notice in writing given to the person who made the decision, request him or her to furnish a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.
 (2) Where such a request is made, the person who made the decision shall, subject to this section, as soon as practicable, and in any event within 28 days, after receiving the request, prepare the statement and furnish it to the person who made the request.
 (3) Where a person to whom a request is made under subsection (1) is of the opinion that the person who made the request was not entitled to make the request, the first‑mentioned person may, within 28 days after receiving the request:
 (a) give to the second‑mentioned person notice in writing of his or her opinion; or
 (b) apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under subsection (4A) for an order declaring that the person who made the request was not entitled to make the request.
 (4) Where a person gives a notice under subsection (3), or applies to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under subsection (4A), with respect to a request, the person is not required to comply with the request unless:
 (a) the Federal Court or the Federal Circuit and Family Court of Australia (Division 2), on an application under subsection (4A), declares that the person who made the request was entitled to make the request; or
 (b) the person who gave the notice under subsection (3) has applied to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under subsection (4A) for an order declaring that the person who made the request was not entitled to make the request and the court refuses that application;
and, in either of those cases, the person who gave the notice shall prepare the statement to which the request relates and furnish it to the person who made the request within 28 days after the decision of the court.
 (4A) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, on the application of:
 (a) a person to whom a request is made under