Document ID: chunk:federal_register_of_legislation:C2025C00141:section:269:p1
Version: federal_register_of_legislation:C2025C00141
Segment Type: section
Provision Reference: s 269 (pt 1/2)
Character Range: 322882–325788

269  Decision‑maker to give statement of reasons

When this section applies
 (1) This section applies if a person requests the decision‑maker for a reviewable decision to give the person a statement of reasons for the decision under section 268.

General rules
 (2) Within 28 days after receiving the request, the decision‑maker must give the person a statement of reasons for the decision.
 (3) Before giving the statement of reasons to the person, the decision‑maker may remove from the statement any information that concerns another person.
 (4) Before giving the statement of reasons to the person, the decision‑maker may remove from the statement any information specified in a certificate under section 272 (public interest certificate in relation to statement of reasons).
 (5) If the decision‑maker removes information from a statement of reasons under subsection (3) or (4), the decision‑maker must, when giving the statement, notify the applicant of the removal and the reasons for it.

Exception—person is not affected
 (6) Despite subsection (2), the decision‑maker must refuse the request if the person's interests are not affected by the decision.

Exception—person has already been given reasons
 (7) Despite subsection (2), the decision‑maker may refuse the request if the person has already been given a statement of reasons for the decision.
Note: A statement of reasons for a decision may be given in the document setting out the decision or separately.

Exception—timeframes
 (8) Despite subsection (2):
 (a) if the decision was set out in a document given to the person, the decision‑maker may refuse the request if the request is not made within 28 days after the document was given to the person; and
 (b) if the decision was not set out in a document given to the person, the decision‑maker may refuse the request if the request is not made within a reasonable time after the decision is made.

Exception—would disclose information that concerns another person
 (9) Despite subsections (2) and (3), the decision‑maker may refuse the request if:
 (a) giving the statement of reasons to the person would disclose information that concerns another person; and
 (b) it is not reasonably practicable for the decision‑maker to remove the information from the statement.

Exception—public interest certificate
 (10) Despite subsections (2) and (4), the decision‑maker may refuse the request if:
 (a) giving the statement of reasons would disclose information specified in a certificate under section 272 (public interest certificate in relation to statement of reasons); and
 (b) the statement would be false or misleading if the information were removed.

Decision‑maker must explain refusal to give statement of reasons
 (11) If the decision‑maker refuses to give a statement of reasons for the decision (other than under subsection (7)), the decision‑maker must give the person written