50 Administrator may refuse reasons in certain cases
(1) An administrator may refuse to prepare and provide a statement of reasons
requested by a person under this Division if:
(a) the administrator is of the
opinion that the person is not entitled to be given the statement, or
(b) in
the case of a decision the terms of which were recorded in writing and set out
in a document that was provided to the person--the request was not made within
28 days after the person was provided with the document, or
(c) in any other
case--the request was not made within a reasonable time after the decision was
made.
(2) An administrator who refuses under subsection (1) to prepare and
provide a statement of reasons must notify the person requesting the
statement, in writing, of the administrator's refusal and the reasons for the
refusal as soon as practicable (and in any event within 28 days) after the
request.
(3) The administrator is not to refuse to prepare and provide a
statement of reasons if:
(a) in the case of a refusal based on subsection (1)
(a)--the Tribunal declares, on an application made under section 51 (1), that
the person who made the request was entitled to make the request, or
(b) in
the case of a refusal based on subsection (1) (c)--the Tribunal declares, on
an application made under section 51 (2), that the person who made the request
did so within a reasonable time.
(4) If an administrator cannot refuse to
comply with a request for a statement of reasons because of a decision of the
Tribunal referred to in subsection (3), the administrator must prepare the
written statement of reasons that was originally requested and provide it to
the person who requested it as soon as practicable (and in any event within 28
days) after the Tribunal's decision.
