71FOI reviewable decision notices and reviewable decision

71 FOI reviewable decision notices and reviewable decision notices (1) If a decision-maker makes a reviewable decision mentioned in schedule 3, item 2, 5 or 7, the decision-maker must give notice (an FOI reviewable decision notice) to each entity mentioned in schedule 3, column 4 in relation to the decision. (2) If a decision-maker makes a reviewable decision mentioned in schedule 3, item 3, 4 or 6, the decision-maker must give notice (also an FOI reviewable decision notice) to the applicant for the access application that the decision relates to. (3) A decision-maker required to give an FOI reviewable decision notice to a person under subsection (1) or (2) must give the notice to the person with the decision. (4) The FOI reviewable decision notice must state— (a) the decision; and

(b) that the person may apply to the ombudsman for review of the decision; and (c) how to make the application; and (d) the other options available under ACT laws to have the decision reviewed. (5) If the ombudsman makes a decision on an ombudsman review, the ombudsman must give a reviewable decision notice to the participants in the review. Note The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). (6) A failure to comply with this section in relation to a reviewable decision does not affect the validity of the decision. 72 Onus In a review under this part, a person seeking to prevent disclosure of government information has the onus of establishing that the information is contrary to the public interest information.