Administrative Review Tribunal Act 2024 (40 of 2024)

Part 10   Notice and information about administrative decision

Division 3   Decision-makers to give reasons for decisions

269   Decision-maker to give statement of reasons

When this section applies

 

(1) This section applies if a person requests the decision-maker for a reviewable decision to give the person a statement of reasons for the decision under section 268.

General rules

      

(2) Within 28 days after receiving the request, the decision-maker must give the person a statement of reasons for the decision.

      

(3) Before giving the statement of reasons to the person, the decision-maker may remove from the statement any information that concerns another person.

      

(4) Before giving the statement of reasons to the person, the decision-maker may remove from the statement any information specified in a certificate under section 272 (public interest certificate in relation to statement of reasons).

      

(5) If the decision-maker removes information from a statement of reasons under subsection (3) or (4), the decision-maker must, when giving the statement, notify the applicant of the removal and the reasons for it.

Exception - person is not affected

      

(6) Despite subsection (2), the decision-maker must refuse the request if the person's interests are not affected by the decision.

Exception - person has already been given reasons

      

(7) Despite subsection (2), the decision-maker may refuse the request if the person has already been given a statement of reasons for the decision.

Note: A statement of reasons for a decision may be given in the document setting out the decision or separately.

Exception - timeframes

      

(8) Despite subsection (2):

(a) if the decision was set out in a document given to the person, the decision-maker may refuse the request if the request is not made within 28 days after the document was given to the person; and

(b) if the decision was not set out in a document given to the person, the decision-maker may refuse the request if the request is not made within a reasonable time after the decision is made.

Exception - would disclose information that concerns another person

      

(9) Despite subsections (2) and (3), the decision-maker may refuse the request if:

(a) giving the statement of reasons to the person would disclose information that concerns another person; and

(b) it is not reasonably practicable for the decision-maker to remove the information from the statement.

Exception - public interest certificate

      

(10) Despite subsections (2) and (4), the decision-maker may refuse the request if:

(a) giving the statement of reasons would disclose information specified in a certificate under section 272 (public interest certificate in relation to statement of reasons); and

(b) the statement would be false or misleading if the information were removed.

Decision-maker must explain refusal to give statement of reasons

      

(11) If the decision-maker refuses to give a statement of reasons for the decision (other than under subsection (7)), the decision-maker must give the person written notice that the request is refused.

      

(12) The notice must:

(a) explain the reason for the refusal; and

(b) be given within 28 days after receiving the request.