Australian Capital Territory Current Acts

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FREEDOM OF INFORMATION ACT 2016 - SECT 71

FOI reviewable decision notices and reviewable decision notices

    (1)     If a decision-maker makes a reviewable decision mentioned in schedule 3, item 2, 5 or 7, the decision-maker must give notice (an FOI reviewable decision notice ) to each entity mentioned in schedule 3, column 4 in relation to the decision.

    (2)     If a decision-maker makes a reviewable decision mentioned in schedule 3, item 3, 4 or 6, the decision-maker must give notice (also an FOI reviewable decision notice ) to the applicant for the access application that the decision relates to.

    (3)     A decision-maker required to give an FOI reviewable decision notice to a person under subsection (1) or (2) must give the notice to the person with the decision.

    (4)     The FOI reviewable decision notice must state—

        (a)     the decision; and

        (b)     that the person may apply to the ombudsman for review of the decision; and

        (c)     how to make the application; and

        (d)     the other options available under ACT laws to have the decision reviewed.

    (5)     If the ombudsman makes a decision on an ombudsman review, the ombudsman must give a reviewable decision notice to the participants in the review.

Note 1     The requirements for a reviewable decision notice are prescribed under the ACT Civil and Administrative Tribunal Act 2008

.

Note 2     The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008

, s 67A).

    (6)     A failure to comply with this section in relation to a reviewable decision does not affect the validity of the decision.



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