sec.205HDeciding officer to decide claim or decline to decide claim

### sec.205H Deciding officer to decide claim or decline to decide claim This section applies if the commission officer does not withdraw the requirement. The chairperson or a senior officer (the deciding officer ) must— consider the claim; and consider any written submissions made by the person; and either— decide the claim under section 205J or division 3 ; or for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. The deciding officer is unable to decide the claim because the officer does not have enough information to decide the claim. When considering the claim, the deciding officer must not access the document, thing or information the subject of the claim. The deciding officer must deal with the claim expeditiously. In this section— senior officer means a senior officer who— is not the commission officer or part of the investigation, operation or function to which the requirement relates; and holds a position at a level equivalent to or above the commission officer’s level; and is appropriately qualified to decide the claim. s 205H ins 2024 No. 41 s 32 (sec.205H-ssec.1) This section applies if the commission officer does not withdraw the requirement. (sec.205H-ssec.2) The chairperson or a senior officer (the deciding officer ) must— consider the claim; and consider any written submissions made by the person; and either— decide the claim under section 205J or division 3 ; or for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. The deciding officer is unable to decide the claim because the officer does not have enough information to decide the claim. (sec.205H-ssec.3) When considering the claim, the deciding officer must not access the document, thing or information the subject of the claim. (sec.205H-ssec.4) The deciding officer must deal with the claim expeditiously. (sec.205H-ssec.5) In this section— senior officer means a senior officer who— is not the commission officer or part of the investigation, operation or function to which the requirement relates; and holds a position at a level equivalent to or above the commission officer’s level; and is appropriately qualified to decide the claim. - (a) consider the claim; and - (b) consider any written submissions made by the person; and - (c) either— (i) decide the claim under section 205J or division 3 ; or (ii) for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. Example of circumstances in which a deciding officer may decline to decide a claim— The deciding officer is unable to decide the claim because the officer does not have enough information to decide the claim. - (i) decide the claim under section 205J or division 3 ; or - (ii) for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. Example of circumstances in which a deciding officer may decline to decide a claim— The deciding officer is unable to decide the claim because the officer does not have enough information to decide the claim. - (i) decide the claim under section 205J or division 3 ; or - (ii) for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. Example of circumstances in which a deciding officer may decline to decide a claim— The deciding officer is unable to decide the claim because the officer does not have enough information to decide the claim. - (a) is not the commission officer or part of the investigation, operation or function to which the requirement relates; and - (b) holds a position at a level equivalent to or above the commission officer’s level; and - (c) is appropriately qualified to decide the claim.