205S

Presiding officer to decide claim or decline to decide claim

In force

(1)

The presiding officer must—

(a)

consider the claim; and

(b)

hear the person’s submissions; and

(c)

either—

(i)

decide the claim under section 205U or division 3; or

(ii)

for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim.

Example of circumstances in which a presiding officer may decline to decide a claim—

The presiding officer is unable to decide the claim because the officer does not have enough information to decide the claim.

(2)

When considering the claim, the presiding officer must not access the document, thing or information the subject of the claim.

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