Data Availability and Transparency Act 2022
118Reviewable decisions
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118 Reviewable decisions
(1) Each of the following decisions made by the Commissioner is a reviewable decision: (a) a decision under section 74 to accredit an entity with conditions of accreditation imposed by the Commissioner, or to refuse to accredit the entity; (b) a decision under section 78 to impose conditions of accreditation on an accredited entity, or vary them; (c) a decision under subsection 81(1), (2), (3) or (4) to suspend or cancel an entity’s accreditation; (d) a decision under section 84 to renew an entity’s accreditation with conditions of accreditation imposed by the Commissioner, or to refuse to renew an entity’s accreditation; (e) a decision under subsection 91(2), or paragraph 101(4)(a), not to deal with a complaint; (f) a decision under subsection 102(2) to make a determination publicly available; (g) a decision under subsection 112(2) or (3) to give an entity a written direction. The Commissioner is the reviewer for the decision.
Note: Decisions made personally by the Commissioner are reviewable by the ART (see section 122). The Commissioner is the reviewer only for decisions made by delegates of the Commissioner.
(2) Each of the following decisions made by the Minister is also a reviewable decision: (a) a decision to accredit an entity with conditions of accreditation imposed by the Minister, or to refuse to accredit the entity; (b) a decision under section 78 to impose conditions of accreditation on an accredited entity, or vary them; (c) a decision under subsection 81(1), (2), (3) or (4) to suspend or cancel an entity’s accreditation. The Minister is the reviewer for the decision.
Note: Decisions made personally by the Minister are reviewable by the ART (see section 122). The Minister is the reviewer only for decisions made by the Commissioner as the Minister’s delegate.