Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen 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.