Notice of decision and statement of reasons—review of reviewable decision
111 Notice of decision and statement of reasons—review of reviewable decision
When this section applies
This section applies if the Tribunal makes a decision under section 105 in a proceeding for review of a reviewable decision, other than a decision made in accordance with subsection 103(2) (decision agreed by parties).
General rules—Tribunal must give decision and statement of reasons
The Tribunal must give each party to the proceeding the following things in writing:
the Tribunal’s decision;
a statement of reasons for the Tribunal’s decision;
if the party has a right to apply to refer a decision of the Tribunal to the guidance and appeals panel under Division 3 of Part 5—notice of that right;
if the party has a right to apply for second review of the Tribunal’s decision under Part 5A—notice of that right;
notice of the right of the party to appeal to the Federal Court under Division 2 of Part 7.
Each thing must be given by the time specified in the practice directions. If the practice directions do not specify a time, the thing must be given within 28 days after the day the Tribunal’s decision is made.
The Tribunal may give a decision and the reasons for the decision orally before giving them in writing.
A failure by the Tribunal to provide the things mentioned in paragraphs (2)(c) to (d) by the time required by subsection (3) does not affect the validity of the Tribunal’s decision.
Exceptions
This section is subject to sections 70 (Tribunal may restrict publication or disclosure of information) and 91 (disclosure of information—public interest certificate).
This Act’s bill:Explanatory memorandumSecond reading speech
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