Section 269 — Administrative Review Tribunal Act 2024: Decision-maker to give statement of reasons

When 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.