16Decision‑maker must have regard to matters when giving notice of decisions in certain review pathways

16 Decision‑maker must have regard to matters when giving notice of decisions in certain review pathways

(1) For the purposes of subsection 267(3) of the Act, the decision‑maker must have regard to the matters set out in subsections (2) to (6) of this section. (2) A notice of a decision should be in plain language and be as clear and simple as possible. (3) A notice of a decision should be given in an accessible manner. (4) A notice of a decision should clearly explain: (a) the legislative provision under which the decision was made; and (b) who the decision‑maker for the decision is; and (c) how a person can obtain further information about the decision, including: (i) where a person can seek further information about the decision; and (ii) if a statement of reasons for the decision has not already been given—how a person can request a statement of reasons for the decision; and (iii) if a statement of reasons for the decision has been given—steps a person can take if the person is not satisfied with the statement of reasons; and (d) if a person can seek access to documents or information about the decision under the Freedom of Information Act 1982 or any other Act—how that access can be sought; and (e) the following matters in relation to the right (if any) to have the decision reviewed: (i) the kind of review available; (ii) how a person can apply for the review; (iii) if an application for the review must be made within a period—the start and end of the period; (iv) if a fee is payable for the review—the amount of the fee, when the fee is payable and whether there are any fee waivers, concessions or refunds available; (v) how the person or body that may conduct the review can be contacted; (vi) where a person can seek further information about how the person can have the decision reviewed; and (f) how a person can make a complaint in relation to the decision; and (g) any legal, financial or other forms of advice and assistance that may be available to a person whose interests are affected by the decision; and (h) any other matter that the decision‑maker considers appropriate in the circumstances. (5) It is possible for a notice of a decision to explain a matter mentioned in subsection (4) by providing an electronic link or website address that can be used to access an explanation.

Note: Whether it is appropriate to explain a matter by providing an electronic link or website address that can be used to access the explanation will depend on the circumstances.

(6) A decision‑maker should publish, on the internet or in any other way the decision‑maker considers appropriate, a notice of a decision if: (a) one or more of the persons whose interests are affected by the decision are not readily identifiable; or (b) there is a large number of persons whose interests are affected by the decision; or (c) the cost of giving a notice of the decision to each person whose interests are affected by the decision would be substantial.