(1) A reviewable decision is a decision made by the Screening Agency that is designated as reviewable by this Act.
Note for subsection (1)
The following decisions are designated as reviewable:
(a) a decision to impose an interim bar on an applicant or suspend a person's clearance after 6 months has elapsed under section 33 ;
(b) an intention to refuse clearance to an applicant or cancel a person's clearance under section 38 .
(2) An "affected person", for a reviewable decision, is the applicant or the person whose clearance has been suspended or whose clearance is intended to be cancelled.
(3) An affected person for a reviewable decision may apply to the CEO for an internal review of the decision.
(4) The CEO may appoint a public sector employee (the internal reviewer ) to conduct an internal review of a reviewable decision.
(5) The CEO must be satisfied that the employee has the qualifications, experience and personal qualities necessary to review the reviewable decision.
(6) In reviewing the decision, the internal reviewer must:
(a) follow the procedures (if any) for review prescribed by regulation; and
(b) comply with the rules of natural justice.
(7) An internal reviewer who reviews a decision may:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(8) The decision of an internal reviewer in relation to the review of an intention to refuse a clearance under section 37 (1)(a)(ii) or an intention to cancel a clearance under section 37 (1)(b)(ii) takes effect as a final decision for the application or clearance.
Note for subsection (8)
If a person is unsuccessful on an internal review, the person may seek review of the decision by NTCAT – see section 43 .