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Sydney Curfew Dispensations Challenged
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18th Nov 2023, 23:46
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Lead Balloon
Join Date: Nov 2001
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Quote:
Reasons for Approval: The Delegate was satisfied that exceptional circumstances existed for issue of a curfew dispensation.
Those aren’t “reasons”.
That’s just a self-serving assertion of the criterion on the basis of which the power to grant a dispensation may lawfully be exercised. As if a delegate would ever say that their "reasons" for granting a dispensation were that the delegate was
not
satisfied that exceptional circumstances existed.
“Reasons” explain how and why you reached the conclusion. There should be a statement of the specific facts taken into consideration by the delegate in each case, then an explanation of why the delegate, having had regard to the Guidelines, formed the view that those specific facts constituted ‘exceptional circumstances’.
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