Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Within 14 days after the day on which an internally reviewable decision is made, the Organisation must give the affected person, and the sponsoring agency for the security clearance in relation to which the decision was made, notice in writing of the decision and reasons for the decision.
(2) A notice given under subsection (1) must also contain prescribed information concerning the affected person's right to apply to the Organisation under this Subdivision for internal review of the decision.
(3) Section 25D of the Acts Interpretation Act 1901 does not apply in relation to the reasons notified under subsection (1).
(4) Without limiting what the Organisation can choose to include or not include in the reasons notified under subsection (1), the Organisation may withhold any of the following from the reasons:
(a) any information relating to a standard relating to the Commonwealth's highest level of security clearance that was used to make the decision if the inclusion of the information would, in the opinion of the Director - General or a person authorised by the Director - General under subsection (5), be prejudicial to security;
(b) any information that, in the opinion of the Director - General or a person authorised by the Director - General under subsection (5), would be contrary to the public interest:
(i) because it would prejudice security, the defence of the Commonwealth or the conduct of the Commonwealth's international affairs; or
(ii) because it would reveal information that has been disclosed to the Organisation in confidence; or
(iii) for a reason that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the information should not be disclosed;
(c) any information that, in the opinion of the Director - General or a person authorised by the Director - General under subsection (5), could reveal the methodology underlying a psychological assessment of the affected person.
(5) The Director - General may, in writing, authorise a person for the purposes of subsection (4) if the person is an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.