147Publication of information about failure to comply with Chapter

147 Publication of information about failure to comply with Chapter

(1) If the Minister is reasonably satisfied that a reporting entity has failed to comply with this Chapter, the Minister may decide to publish the following information (the non‑compliance information): (a) the identity of the entity; (b) the details of the non‑compliance; in any way the Minister considers appropriate. (2) Before publishing the non‑compliance information, the Minister must give the reporting entity written notice of the decision and the reasons for the decision. (3) After the Minister gives the reporting entity notice of the decision, the Minister may publish the non‑compliance information unless, within 10 business days after the reporting entity is given notice of the decision, the reporting entity: (a) makes an application under subsection (4) for review of the decision; and (b) gives the Minister a copy of that application. Review by Administrative Review Tribunal (4) Applications may be made to the Administrative Review Tribunal for review of a decision by the Minister under subsection (1) to publish non‑compliance information. (5) If a reporting entity makes such an application, the Minister may publish the non‑compliance information only if: (a) the reporting entity withdraws the application for review of the Minister’s decision; or (b) the Administrative Review Tribunal dismisses the application for review of the Minister’s decision; or (c) the Administrative Review Tribunal makes a decision (the Tribunal decision) to affirm or vary the Minister’s decision and any of the following applies: (i) the reporting entity makes a referral application in relation to the Tribunal decision and the President of the Tribunal refuses the application; (ii) the reporting entity makes a referral application in relation to the Tribunal decision and withdraws the application; (iii) the reporting entity does not make a referral application in relation to the Tribunal decision within the period specified in section 125 of the Administrative Review Tribunal Act 2024; (iv) no referral application may be made in relation to the Tribunal decision; (v) the guidance and appeals panel application taken to be made because the Tribunal decision is referred to the guidance and appeals panel is withdrawn or dismissed; or (d) all of the following apply: (i) the Administrative Review Tribunal makes a decision (the Tribunal decision) on review of the Minister’s decision; (ii) the Tribunal makes a decision (the GAP decision) on the guidance and appeals panel application taken to have been made because the Tribunal decision is referred to the guidance and appeals panel; (iii) the effect of the GAP decision is to publish the non‑compliance information. Definitions (6) In this section:

referral application means an application made under section 123 of the Administrative Review Tribunal Act 2024 to refer a decision of the Administrative Review Tribunal to the guidance and appeals panel.