Administrative Review Tribunal Act 2024
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:
A statement of reasons for a decision may be given in the document setting out the decision or separately.
Exception - timeframes
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.
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