Decision‑maker to give statement of reasons
269 Decision‑maker to give statement of reasons
When this section applies
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
Within 28 days after receiving the request, the decision‑maker must give the person a statement of reasons for the decision.
Before giving the statement of reasons to the person, the decision‑maker may remove from the statement any information that concerns another person.
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).
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
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
Despite subsection (2), the decision‑maker may refuse the request if the person has already been given a statement of reasons for the decision.
A statement of reasons for a decision may be given in the document setting out the decision or separately.
Exception—timeframes
Despite subsection (2):
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
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
Despite subsections (2) and (3), the decision‑maker may refuse the request if:
giving the statement of reasons to the person would disclose information that concerns another person; and
it is not reasonably practicable for the decision‑maker to remove the information from the statement.
Exception—public interest certificate
Despite subsections (2) and (4), the decision‑maker may refuse the request if:
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
the statement would be false or misleading if the information were removed.
Decision‑maker must explain refusal to give statement of reasons
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.
The notice must:
explain the reason for the refusal; and
be given within 28 days after receiving the request.
This Act’s bill:Explanatory memorandumSecond reading speech
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