Document ID: chunk:federal_register_of_legislation:C2024C00800:section:494e:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 494E (pt 1/2)
Character Range: 1234700–1237446

494E  When documents are taken to comply with content requirements
 (1) This section applies in relation to a document if:
 (a) a provision of this Act or the regulations requires or permits the Minister to give the document to a person; and
 (b) a provision of this Act or the regulations requires (the content requirements) the document to include particular information.
 (2) For the purposes of this Act or the regulations, the document is taken to comply with the content requirements if:
 (a) there is substantial compliance with those requirements; and
 (b) the failure to strictly comply with those requirements does not, or is not likely to, cause substantial prejudice to the person's rights (including, but not limited to, rights to seek review in connection with the matter to which the document relates).
 (3) Subsection (2) applies despite any other provision of this Act or the regulations.
 (4) Without limiting paragraph (2)(a), there may be substantial compliance with the content requirements even if there is an error, omission, misstatement or misdescription in the document.
 (5) Without limiting paragraph (2)(b), a failure by the person to:
 (a) exercise any rights (including, but not limited to, rights to seek review) in connection with the matter to which the document relates; or
 (b) take any other action (including, but not limited to, the making of representations) in connection with the matter to which the document relates;
is not on its own to be taken to imply that the failure to strictly comply with the content requirements has caused substantial prejudice to the person's rights (including, but not limited to, rights to seek review in connection with the matter to which the document relates).
Example 1: Andrew, George and Daniel each make an application for the grant of a visa. The Minister refuses to grant each applicant the visa and gives notice of the refusal decision to each applicant. The notice states that the applicant may make an application for review of the refusal decision within 30 days after the notice is received by the applicant.
 While the notice substantially complies with the requirement in the Act to state the period within which an application for review must be made, the notice misstates the period. The correct period is 28 days after the notice is received by the applicant.
 Andrew makes an application for review of the refusal decision 25 days after receiving the notice. As the misstatement in the notice does not cause substantial prejudice to Andrew's right to seek review, it is intended that subsection (2) would apply in relation to the notice given to Andrew.
 George makes an application for review of the refusal decision 29 days after receiving the notice.