Commonwealth Consolidated Acts Commonwealth Consolidated ActsNotification of prejudicial security clearance suitability assessment
(1) Within 14 days after the day on which the Organisation furnishes a prejudicial security clearance suitability assessment that is an externally reviewable decision to a security vetting agency, the security vetting agency must give the affected person notice in writing of the assessment and a copy of the assessment (including a copy of the statement of grounds for the assessment).
Note: The statement of grounds for a security clearance suitability assessment is taken to be part of the assessment (see subsection 82G(3)).
(2) A notice given under subsection (1) must also contain prescribed information concerning the affected person's right to apply to the Administrative Review Tribunal under this Subdivision for review of the externally reviewable decision.
(3) However:
(a) subsections (1) and (2) do not apply if the Minister gives a certificate in accordance with paragraph (4)(a) in respect of the notice for the prejudicial security clearance suitability assessment; and
(b) if the Minister gives a certificate in accordance with paragraph (4)(b) in respect of the statement of grounds for the prejudicial security clearance suitability assessment, the copy of the statement of grounds, or that part of the statement to which the certificate applies, must not be given to the affected person.
Certificate to withhold notice or statement of grounds
(4) The Minister may, by writing signed by the Minister and given to the Director - General, certify that the Minister is satisfied that:
(a) the withholding of notice of the prejudicial security clearance suitability assessment in respect of the affected person is essential to the security of the nation; or
(b) the disclosure to an affected person of the statement of grounds for the prejudicial security clearance suitability assessment in respect of the affected person, or a particular part of that statement, would be prejudicial to the interests of security.
(5) If the Minister gives a certificate under subsection (4), the Minister must cause a copy of the certificate to be given to the following:
(a) the security vetting agency to which the prejudicial security clearance suitability assessment was furnished;
(b) the sponsoring agency for the security clearance in relation to which the prejudicial security clearance suitability assessment was furnished.
(6) Before the end of the following periods, the Minister must consider whether to revoke a certificate given under paragraph (4)(a) (if the certificate remains in force):
(a) 12 months after it was given;
(b) each 12 month period after the Minister last considered whether to revoke it.
Delegation
(7) The Minister may, in writing, delegate the Minister's powers and functions under paragraph (4)(b) to 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.
(8) In performing a function or exercising a power under a delegation under subsection (7), the delegate must comply with any written directions of the Minister.