Requests for further information or documents by System Governor, Commissioner or Complaints Commissioner for decisions on applications, claims and requests
588 Requests for further information or documents by System Governor, Commissioner or Complaints Commissioner for decisions on applications, claims and requests
Notice requesting further information or documents
If the System Governor, Commissioner or Complaints Commissioner (the decision‑maker) needs further information or a document to make a decision on an application, claim or request made by an entity under this Act, the decision‑maker may, by written notice, request the entity to give the further information or document to the decision‑maker within a reasonable period specified in the notice.
Period for providing further information or documents
The specified period must not be shorter than:
if paragraph (b) does not apply—28 days after the notice is given; or
if circumstances prescribed by the rules apply in relation to the application or request—7 days after the notice is given.
The decision‑maker may, at the request of the entity, extend the specified period.
Consequence if further information or documents not provided in time
If the entity does not give the requested further information or document within:
if the specified period has been extended under subsection (3)—the period as so extended; or
otherwise—the specified period;
the application, claim or request is taken to be withdrawn at the end of the period.
Decision‑making period extended if further information or documents provided in time
If:
this Act requires a decision to be made on the application, claim or request within a particular period (the decision‑making period); and
the entity gives the requested further information or document within the period mentioned in subsection (4);
the decision‑making period does not include a day in the period:
starting on the day the notice is given under subsection (1); and
ending at the end of the day the entity gives the requested further information or document.
Requirement for notice
A notice given under subsection (1) must set out the effect of subsections (4) and (5).
This Act’s bill:Explanatory memorandumSecond reading speech
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