Commonwealth Consolidated Acts Commonwealth Consolidated ActsDecision on internal review
(1) If an application for review of an internally reviewable decision is made in accordance with section 82K, the Organisation must arrange for a person (the internal reviewer ) to review the decision in as timely a manner as is possible.
(2) The internal reviewer must not be the person who made the internally reviewable decision.
(3) After reviewing the decision, the internal reviewer, on behalf of the Organisation:
(a) must make a decision to affirm, vary or set aside the internally reviewable decision; and
(b) if the internal reviewer sets aside the internally reviewable decision in respect of a person--may make another security clearance decision in respect of the person for the purposes of paragraph 82C(1)(b).
(4) A decision of an internal reviewer under paragraph (3)(a) is also taken to be a security clearance decision made by the Organisation for the purposes of paragraph 82C(1)(b).
Notification of internal reviewer's decision
(5) Within 14 days after the day on which the internal reviewer makes a decision under this section, 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 internal reviewer's decision and reasons for the decision.
(6) If the internal reviewer's decision under subsection (3) is an externally reviewable decision under Subdivision B, the notice given under subsection (5) must also contain prescribed information concerning the affected person's right to apply to the Administrative Review Tribunal under that Subdivision for review of the decision.
(6A) If the internal reviewer's decision under subsection (3) is an independently reviewable decision under Subdivision C, the notice given under subsection (5) must also contain prescribed information concerning the affected person's right to apply to an independent reviewer under that Subdivision for review of the decision.
(7) Section 25D of the Acts Interpretation Act 1901 does not apply in relation to the reasons notified under subsection (5).
(8) Without limiting what the Organisation can choose to include or not include in the reasons notified under subsection (5) for a decision, 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 (9), 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 (9), 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 (9), could reveal the methodology underlying a psychological assessment of the affected person.
(9) The Director - General may, in writing, authorise a person for the purposes of subsection (8) 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.