Document ID: chunk:federal_register_of_legislation:C2024C00866:section:140
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 140
Character Range: 1657615–1659426

140  Board to give notice of decision and reasons to parties

Notice of decision
 (1) The Board must give a copy of its decision under section 139 to each party to the review.

Reasons
 (2) The Board must give reasons either orally or in writing for its decision under section 139.
 (3) If the Board does not give reasons in writing for its decision:
 (a) a party to the review may, within 28 days after the day on which a copy of the decision is given to the party, request the Board for a written statement of the Board's reasons for its decision; and
 (b) the Board must comply with any request within 28 days after receiving the request.
 (4) If the Board gives reasons in writing for its decision, those reasons must include its findings on material questions of fact and a reference to the evidence or other material on which those findings were based.
 (5) If the Board gives reasons in writing for its decision and the reasons contain or refer to any information, opinion or other matter:
 (a) that in the Board's opinion is of a confidential nature; or
 (b) that in the Board's opinion might be prejudicial to the physical or mental health or wellbeing of the applicant for the review to communicate to the applicant;
any written statement of the Board's reasons for the decision given to the applicant (or a person authorised by the applicant) must not contain or refer to that information, opinion or other matter.

Notice of review right
 (6) The Board must give the applicant for the review (or a person authorised by the applicant) notice of the right under subsection 175(1) (about review by the Administrative Review Tribunal).

Filing of decision
 (7) The Board must file its decision under section 139, and any written statement of its reasons for the decision, with the records of the case.