79DDecision-maker may refuse to provide reasons in certain circumstances

79D Decision-maker may refuse to provide reasons in certain circumstances

[Section 79D of Part 8 Inserted by No. 7 of 2025, s. 243, Applied:01 Jul 2025]

(1)  A decision-maker may refuse to prepare and provide a statement of reasons in respect of a reviewable decision to which this Division applies, as requested by a person under section 79C , if –

(a) the decision-maker is satisfied that the person is not an interested person in respect of the decision; or

(b) the written notification in respect of the reviewable decision under the relevant Act included a time period, being not less than 28 days, during which a request under section 79C may be made and the request was made after the expiry of that time period; or

(c) in any other case, the request was not made within a reasonable time after the decision was made.

(2)  A decision-maker may not refuse to prepare and provide a statement of reasons under subsection (1) in respect of a reviewable decision if the Tribunal has made an order under section 79F that requires the decision-maker to prepare and provide a statement of reasons in respect of the reviewable decision.

(3)  If a decision-maker refuses under subsection (1) to prepare and provide a statement of reasons in respect of a reviewable decision, the decision-maker must –

(a) notify the person who requested the statement of reasons under section 79C  –

(i) of the decision-maker’s refusal; and

(ii) the reasons for the refusal; and

(b) give the notification to the person as soon as practicable and, in any event, within 28 days after the request for the statement of reasons was made.