Australian Capital Territory Current Acts

ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 - SECT 22E

    (1)     This section applies if the Minister certifies in writing that the disclosure of a stated matter proposed to be included in a decision-maker's reasons statement is not in the public interest—

        (a)     because it would involve the disclosure of deliberations or decisions of the Executive or an Executive committee; or

        (b)     for any other reason stated in the certificate that could form the basis for a claim by the Territory in a judicial proceeding that the matter should not be disclosed.

    (2)     The decision-maker—

        (a)     is not required to include the matter in the statement; and

        (b)     if the statement would be false or misleading if it did not include the matter—is not required to give the statement.

    (3)     The decision-maker must, within 28 days after the day the Minister makes the certificate, tell the applicant in writing—

        (a)     if the matter is not included in the reasons statement—that the matter is not included, and the reason for not including the matter; or

        (b)     if the statement is not given—that the statement will not be given, and the reason for not giving the statement.