Deciding officer to decide claim or decline to decide claim
205H Deciding officer to decide claim or decline to decide claim
This section applies if the commission officer does not withdraw the requirement.
The chairperson or a senior officer (the deciding officer) must—
consider the claim; and
consider any written submissions made by the person; and
either—
decide the claim under section 205J or division 3; or
for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim.
Example of circumstances in which a deciding officer may decline to decide a claim—
The deciding officer is unable to decide the claim because the officer does not have enough information to decide the claim.
When considering the claim, the deciding officer must not access the document, thing or information the subject of the claim.
The deciding officer must deal with the claim expeditiously.
In this section—
senior officer means a senior officer who—
is not the commission officer or part of the investigation, operation or function to which the requirement relates; and
holds a position at a level equivalent to or above the commission officer’s level; and
is appropriately qualified to decide the claim.
This Act’s bill:Explanatory memorandum
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