76Decision-maker must assist Tribunal

76 Decision-maker must assist Tribunal

[Section 76 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  In proceedings for the review by the Tribunal of a reviewable decision, the decision-maker for the reviewable decision must use his or her best endeavours to help the Tribunal so that it can make its decision on the review.

(2)  Without limiting subsection (1) , the decision-maker must, if directed to do so by the Tribunal, provide the following to the Tribunal within the period directed by the Tribunal:

(a) a written statement of the reasons for the decision;

(b) any document or thing in the decision-maker’s possession or control that may be relevant to the Tribunal’s review of the decision.

(3)  The decision-maker must, in providing any document or thing under subsection (2) , take reasonable steps to identify the documents or things that were taken into account in making the relevant decision.

(4)  If the Tribunal considers that there are additional documents or things in the decision-maker’s possession or control that may be relevant to the Tribunal’s review of the reviewable decision, the Tribunal may, by written notice, require the decision-maker to provide the documents or things.

(5)  If the Tribunal considers that the statement of reasons given under subsection (2)(a) is not adequate, the Tribunal may, by written notice, require the decision-maker to give the Tribunal an additional statement containing further particulars specified in the notice.

(6)  [Section 76 Subsection (6) amended by No. 7 of 2025, s. 242, Applied:01 Jul 2025] Subject to subsection (6B) , the decision-maker must comply with a notice given under subsection (4) or (5) within the period stated in the notice.

(6A)  [Section 76 Subsection (6A) inserted by No. 7 of 2025, s. 242, Applied:01 Jul 2025] A decision-maker who is subject to a direction or requirement of the Tribunal under this section may apply to the Tribunal for an order exempting the decision-maker from complying with the direction or requirement in respect of the statements, documents or other things specified in the application.