Effect of findings
83D Effect of findings
If a security clearance decision, or security clearance suitability assessment, that is an externally reviewable decision has been reviewed by the Administrative Review Tribunal:
every Commonwealth agency, State or authority of a State for which the security clearance decision or security clearance suitability assessment is relevant; and
any tribunal, person or authority having power to hear appeals from, or to review, a decision with respect to the security clearance decision or security clearance suitability assessment;
must treat the findings of the Administrative Review Tribunal, to the extent that they do not affirm the security clearance decision or security clearance suitability assessment, as superseding that decision or assessment.
If the Administrative Review Tribunal has made findings upon a review of a security clearance decision, or security clearance suitability assessment, that is an externally reviewable decision, the Organisation must not make a further security clearance decision or security clearance suitability assessment in respect of the affected person that is not in accordance with those findings except on the basis of matters occurring after the review or of which evidence was not available at the time of the review.
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