83Externally reviewable decisions

#### 83 Externally reviewable decisions (1) For the purposes of this Division, each of the following security clearance decisions by an internal reviewer, on behalf of the Organisation, is an externally reviewable decision: (a) a decision under paragraph 82L(3)(a) to affirm an internally reviewable decision in respect of a person (the affected person) who, immediately before the internally reviewable decision was made, held a security clearance or was a Commonwealth employee; (b) a decision under paragraph 82L(3)(a) to vary an internally reviewable decision in respect of a person (the affected person) who, immediately before the internally reviewable decision was made, held a security clearance or was a Commonwealth employee; (c) any of the following decisions under paragraph 82L(3)(b) in respect of a person (the affected person) who, immediately before the internally reviewable decision was made, held a security clearance or was a Commonwealth employee: (i) a decision to deny a security clearance in respect of the affected person; (ii) a decision to revoke a security clearance in respect of the affected person; (iii) a decision to impose a condition, or vary a condition imposed, on a security clearance in respect of the affected person and a circumstance in subparagraph 82H(1)(c)(i) or (ii) applies. (2) For the purposes of this Division, a prejudicial security clearance suitability assessment in respect of a person (the affected person) furnished by the Organisation to a security vetting agency is an externally reviewable decision. (3) However, a security clearance decision or a prejudicial security clearance suitability assessment in respect of a person is not an externally reviewable decision for the purposes of this Division if the person: (a) is engaged, or proposed to be engaged, for employment outside Australia for duties outside Australia; and (b) is not an Australian citizen or is not normally resident in Australia. (4) For the purposes of this section: > Commonwealth employee means a person who: (a) is: (i) an APS employee; or (ii) employed under the Members of Parliament (Staff) Act 1984; or (iii) a Parliamentary Service employee (within the meaning of the Parliamentary Service Act 1999); or (iv) a member of the Defence Force; or (v) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979) or a special member (within the meaning of that Act); or (vi) an employee of an agency within the national intelligence community (within the meaning of the Office of National Intelligence Act 2018); and (b) has completed any period of probation that applies to the employment; and (c) is not employed in a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013) or corporate Commonwealth entity (within the meaning of that Act). > Note: A person is not a Commonwealth employee if the person is engaged as a consultant, contractor or subcontractor.