Administrative Review Tribunal Act 2024

PART 10 - NOTICE AND INFORMATION ABOUT ADMINISTRATIVE DECISION  

Division 3 - Decision-makers to give reasons for decisions  

SECTION 269   DECISION-MAKER TO GIVE STATEMENT OF REASONS  
When this section applies

269(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

269(2)    
Within 28 days after receiving the request, the decision-maker must give the person a statement of reasons for the decision.

269(3)    
Before giving the statement of reasons to the person, the decision-maker may remove from the statement any information that concerns another person.

269(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).

269(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

269(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

269(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:

269(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

269(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

269(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

269(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.

269(12)    
The notice must:

(a)    explain the reason for the refusal; and

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