How and When to Request Written Reasons from VCAT
When navigating the complexities of a Victorian Civil and Administrative Tribunal (VCAT) hearing, it is important to understand your rights when it comes to requesting written reasons for a decision. Under section 117(2) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (VCAT Act), any party to a Tribunal hearing may request written reasons for a decision. In residential tenancy matters, however, there are specific rules and considerations that must be kept in mind.
When Can You Request Written Reasons?
In residential tenancy cases, a request for written reasons must be made either before, or at the time of, the giving or notification of the Tribunal’s decision. Asking for reasons after a decision has been made will not compel the Tribunal to provide reasons.
Why Should You Request Written Reasons?
There are several important reasons to consider requesting written reasons for a Tribunal decision.
There may be valid grounds for your owner client to appeal the decision. In such cases, obtaining written reasons is crucial. A detailed, written record of the Tribunal member’s reasoning can help identify whether an appeal is justified. Without this clarity, determining the best course of action can be challenging.
Written reasons can also be beneficial for clients who need a better understanding of why a particular decision was made. Having a clear explanation can provide much-needed clarity and help manage their expectations regarding the outcome, ensuring they feel informed and supported and understand why the decision was made.
In some cases, especially those involving the interpretation of novel points of law or new provisions in the Residential Tenancies Act, written reasons can serve a broader purpose. They can contribute to the development of legal precedent, particularly when similar decisions are scarce. By requesting written reasons, property managers can help shape future interpretations of the law, which can be invaluable in guiding future cases.
What Are the Challenges in Requesting Written Reasons?
Despite the clear right to request written reasons, some property managers may experience pushback from Tribunal members. There is a common misconception that written reasons are not required or that a brief paragraph included in the VCAT orders is sufficient. However, this is not technically accurate. Under the VCAT Act, s 117, a Tribunal does not have the power to refuse to provide written reasons when properly requested.
Refusing to provide written reasons or offering reasons that are insufficient in detail may even constitute an appellable error of law. This principle was upheld in the Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43 decision, where the Court confirmed that written reasons must meet an adequate standard and be provided upon request.
Conclusion: Know Your Rights and Protect Your Client’s Interests
Requesting written reasons is a powerful tool in both understanding and appealing Tribunal decisions. However, it’s important to make this request at the right time and to carefully consider the potential risks involved. Whether you’re managing a complex residential tenancy case or simply seeking clarity on a decision, ensuring you have written reasons can help you better represent your client’s interests.
At Castellan Consulting, we assist property managers in navigating the VCAT process, and to become better advocates within that process, ensuring that they are well-prepared for hearings and that their client’s rights are protected throughout the process. Contact us today for expert advice on how to best approach your VCAT hearings and decision-making.
