Data Availability and Transparency Act 2022

If a person applies under subsection 119(1) to the reviewer for a reviewable decision for reconsideration of the decision, the reviewer must reconsider the decision and do any of the following:

affirm the decision;

vary the decision;

revoke the decision and substitute a new decision.

The reviewer’s decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made.

The reviewer must give the applicant a written notice stating the reviewer’s decision on the reconsideration.

Within 28 days after making the decision on the reconsideration, the reviewer must give the applicant a written statement of the reviewer’s reasons for the decision.

If the reviewer’s functions under this section are performed by a delegate of the reviewer, the delegate who reconsiders the reviewable decision:

must not have been involved in making the reviewable decision; and

must hold a position, or perform duties, of at least the same level as the delegate who made the reviewable decision.

The Commissioner may delegate functions and powers to members of staff (see section 50). The Minister may delegate functions and powers to the Commissioner (see section 137A).