Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:3_353b
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 3 cl 353B
Character Range: 222634–224391

353B  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 353A to each party to the review.

Reasons
 (2) The Board must give reasons either orally or in writing for its decision under section 353A.
 (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 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 that, in the Board's opinion:
 (a) is of a confidential nature; or
 (b) 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 354(1) (about review by the Tribunal).

Filing of decision
 (7) The Board must file its decision under section 353A, and any written statement of its reasons for the decision, with the records of the case.