Deferring decision if false or misleading information allegedly provided by applicant
84B Deferring decision if false or misleading information allegedly provided by applicant
This section applies if the scheme manager has made a complaint to a police officer alleging that an applicant for assistance has committed an information offence.
The government assessor may defer deciding the application, or defer deciding the amount of assistance to be granted, until either of the following happens—
the applicant is charged with an information offence and the proceeding relating to the offence ends, including any appeal;
the police commissioner advises the scheme manager the investigation into the scheme manager’s complaint has ended without the applicant being charged with an information offence.
If the government assessor defers deciding the application or the amount of assistance to be granted, the government assessor must give the applicant a notice stating the following—
the decision;
the reasons for the decision;Note—
See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).
the internal review details for the decision.
If, under subsection (2), the application or the amount of assistance to be granted is not decided within 2 years after the application was made, the government assessor must, despite that subsection, make the decision as soon as reasonably practicable.
In this section—
information offence means an offence involving the giving of false or misleading information by the applicant in connection with the application.
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