Administrative Review Tribunal Act 2024

PART 10 - NOTICE AND INFORMATION ABOUT ADMINISTRATIVE DECISION  

Division 2 - Decision-makers to give notice of decisions  

SECTION 266   DECISION-MAKER TO GIVE NOTICE OF DECISION AND REVIEW RIGHTS  
When this section applies

266(1)    
If any decision in a review pathway is or would be a reviewable decision, this section applies in relation to every decision in the review pathway.

266(2)    
However, this section does not apply in relation to a decision by a court or a decision by the Tribunal under this Act.

266(3)    
A review pathway is a decision and any decision on review or further review of the decision.

General rules

266(4)    
The decision-maker must take reasonable steps to give notice of the decision to any person whose interests are affected by the decision.

266(5)    
The notice must include notice of the right (if any) to have the decision reviewed, including, for a reviewable decision, the right to apply to the Tribunal for review of the decision.

Exceptions

266(6)    
However, subsection (4) does not require the decision-maker to give notice if:

(a)    another Act or an instrument made under an Act requires notice to be given of review rights for the decision; or

(b)    the decision is taken to have been made by:

(i) section 16 of this Act (decision is taken to be made if timeframe expires); or

(ii) section 10 of the Ombudsman Act 1976 (unreasonable delay in exercising power); or

(c)    the decision is:

(i) a decision not to impose a liability, penalty or any kind of limitation on a person; or

(ii) a decision making an adjustment to the level of periodic payments to be made to a person as a member of a class of persons where a similar adjustment is being made to the level of such payments to the other members of the class; or

(iii) a decision that determines a person to be in the most favourable of several categories of entitlement to a monetary benefit established by an Act or an instrument made under an Act;

and does not adversely affect the interests of any other person.

Effect of failure to comply

266(7)    
A failure to comply with this section does not affect the validity of the decision.