Cap. 496 Art. 20Right of access by a person to reasons for decisions affecting that person.

(1) Subject to the provisions of Part V and Part VI, where a public authority makes a decision or recommendation in respect of any eligible person, including an eligible person acting on behalf of a body corporate, that person has the right to and shall, on request within six months from when the person learns of the decision or recommendation, be given a written statement of -

(a) the findings on material issues of fact; and

(b) subject to subarticle (2), a reference to the information on which the findings were based; and

(c) the reasons for the decision or recommendation.

(2) A reference to the information on which any findings were based need not be given under subarticle (1)(b) if -

(a) the disclosure of the information or of information identifying the person who supplied it, being evaluative material, would breach an express or implied promise to the person who supplied the person’s medical practitioner, the public authority is satisfied that the information relates to that person and the disclosure of the information (being information that relates to the physical or mental health of the person making the request under this article) would be likely to prejudice the physical or mental health of that person; or

(c) in the case of a natural person under the age of eighteen, the disclosure of the information would be contrary to that person’s interests; or

(d) the disclosure of the information (being information in respect of a person who has been convicted of an offence or is or has been detained in custody) would be likely to prejudice the safe custody or the rehabilitation of that person.

(3) For the purposes of subarticle (2)(a), the term "evaluative material" means an assessment or opinion compiled solely -

(a) for the purpose of determining the suitability, eligibility or qualifications of the person to whom the material relates for purposes relating to the award, continuation or cancellation of an appointment, a contract, an award, a scholarship, an honour or any other benefit; or

(b) for the purpose of determining whether to insure any person or property or to continue or renew such insurance.

(4) The provisions of Part II other than articles 12 and 13 shall apply mutatis mutandis to a request made under subarticle (1).