Many government decision-making/review regimes now require decision-makers to provide a Statement of Reasons to justify their decision, including the Judicial Review Act 1991 (Qld). Even if it is not formally mandated, a Statement of Reasons is widely accepted as a critical component of best practice decision-making. It allows affected individuals to understand the rationale behind decisions and reinforces accountability, transparency and the defensibility of decision-making at all levels.
Government Decision-makers, particularly at senior levels, therefore need a strong understanding of the nuances of the preparation of Statements of Reasons, and the Courts' evolving expectations about their content. Our workshop will take you through these matters in a straightforward, real-world context, and will give you the opportunity to workshop any difficult issues you have encountered.
Who should attend?
Any government officers involved in decision-making processes. However, our workshop is particularly tailored for officers who prepare complex briefing notes or make complex decisions requiring the consideration of high-level Government policy issues at Executive and Senior levels, voluminous briefing packages and lengthy decision-making processes.
What we will cover
In this session, we will cover critical practical considerations in the preparation of advanced and complex Statements of Reasons, including:
The rules governing entitlement to a Statement of Reasons and the underlying rationale for giving reasons
Practical issues associated with Statements of Reasons - for example, time limits, mechanisms of refusal, requests for supplementation
Appropriately satisfying the requirements set out in the Human Rights Act 2019 (Qld)
Articulating the underlying legal / policy bases of a decision the subject of a Statement of Reasons
Identifying and dealing with material questions of fact
Properly considering (and referencing) evidence
Dealing with confidential information
Demonstrating proper and genuine engagement with evidence and submissions
Fact-finding versus expressing opinions and dealing with high-level Government policy issues
Appeal rights.
What you will learn
Our workshop will equip you with a practical, real-world skillset to break down, in a straightforward way, complex and voluminous decision-making processes and prepare comprehensive and rational Statements of Reasons.
Our workshop will equip decision-makers with the ability to foresee and forestall potential areas of future challenge, avoid those pitfalls, and maximise the defensibility of their decisions – both when challenged externally through legal processes, and reviewed internally by Senior Officers, Ministers and Government.