Statements of Reasons – How to Make Them Effective and Meet Procedural Fairness Requirements
OUR TRAINERS
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Overview
Recommended CPD point allocation: 3 points (excluding WA).
A requirement to provide a Statement of Reasons is now mandated under many decision-making/review regimes, including the Judicial Review Act 1991 (Qld). Even if it is not formally mandated, or can be compelled, a Statement of Reasons is now accepted as an important component to best practice decision-making. It allows affected individuals to understand the bases and rationale of decisions and is an important step in demonstrating accountability, transparency and the defensibility of decision-making at all levels.
Decision-makers in Government, particularly at a more senior level, therefore must have a strong understanding of the nuances of the preparation of Statements of Reasons, and the Courts' evolving views as to what is expected. Our workshop will take attendees 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 our Statements of Reasons workshop?
Any government officers involved in decision-making processes. However, our workshop is particularly tailored for Executive and Senior level government officers who prepare complex briefing notes or who make complex decisions requiring the consideration of high-level Government policy issues, voluminous briefing packages and decision-making processes which can extend across many months.
What we'll cover
In this session, Tim and Kirby will cover critical practical considerations in the preparation of advanced and complex Statements of Reasons, including:
- A party's entitlement to a Statement of Reasons and the underlying rationale of such Reasons statements
- Practical issues associated with Statements of Reasons such as time limits, mechanisms of refusal, requests for supplementation, etc
- Appropriately satisfying the requirements set out in the Human Rights Act 2019 (Qld)
- The underlying legal / policy bases of a decision the subject of a Statement of Reasons
- What are material questions of fact and how must they be dealt with
- What evidence must be referred to and in what detail
- Dealing with confidential information / identities
- Demonstrating proper and genuine engagement with the evidence, submissions, etc
- Fact-finding versus expressing opinions and dealing with high level Government policy issues
- The demonstration of genuine reasoning and the absence of retrospectivity
- Appeal rights.
What you'll learn
Our workshop will equip decision-makers with a practical, real-world skill-set to be able 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 potential areas of future challenge to a decision, avoid such pitfalls, and maximise the defensibility of their decisions – both when challenged externally through legal processes, and reviewed internally by Senior Officers, Ministers and Government.
Dates:
20 April
24 October
Time:
8.45am for 9.00am - 12.45pm
Cost:
Inc GST
$750 per person
$675 per person if booking two weeks before the workshop
$637 per person if in a group of three or more
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What our clients say:
"Kirby and Tim were excellent presenters - both very knowledgeable and gave me a lot to think about (things to implement)."
"Thank you kindly for inviting me to this workshop. It has been very insightful and I will benefit from the learning in my every day work."
"Kirby was fantastic and clearly demonstrated knowledge of the subject area often relating the content to real life scenarios."
"Very open to questions, pleasant and approachable manner. Evidently well experienced."
Support when you need it the most
As a participant of our program you'll have comfort in knowing that you can depend on us for ongoing support. Whether it be two weeks or two years after the workshop, you can call us at any time for a short, no-cost consultation.
Recommended CPD point allocation: 3 points (excluding WA).
If this particular educational activity is relevant to your immediate or long term needs in relation to your professional development and practice of the law, then you should claim one CPD unit for each hour of attendance, refreshment breaks not included. Please contact your Professional Body for your state.
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