Document ID: chunk:federal_register_of_legislation:C2024C00855:section:43:p1
Version: federal_register_of_legislation:C2024C00855
Segment Type: section
Provision Reference: s 43 (pt 1/3)
Character Range: 91881–94455

43  Applications to Administrative Review Tribunal
 (1) Subject to this section, an application may be made to the Administrative Review Tribunal for a review of a decision of the Archives in respect of access to a record, being:
 (a) a decision refusing to grant to the applicant access to the record on the ground that the record is an exempt record or is a Commonwealth record to which Division 3 does not apply;
 (b) a decision refusing to grant an extension of partial access to the record on the ground that the record is an exempt record and it is not practicable to make arrangements for giving the further access desired by the applicant in a form that would not disclose information or matter by reason of which the record is an exempt record;
 (c) a decision refusing to grant to the applicant access to the record on the ground that the record has been withheld from public access pending examination of the record under section 35;
 (d) a decision refusing to grant to the applicant access to the record on the ground that a determination has been made under section 37 that the record is to be withheld from public access or refusing to grant to the applicant access to the record otherwise than on specified conditions determined under that section;
 (e) a decision refusing to grant to the applicant access to the record in a particular form by reason of paragraph 36(4)(a), (b) or (d); or
 (f) a decision refusing to allow a further period for making an application under subsection 42(1) for a reconsideration of a decision.
 (2) Subject to subsection (3), where, in relation to a decision referred to in subsection (1), a person is or has been entitled to apply under section 42 for a reconsideration of the decision, that person is not entitled to make an application under subsection (1) in relation to that decision, but may make such an application in respect of the decision made on such a reconsideration.
 (3) Subsection (2) does not prevent an application to the Tribunal in respect of a decision where:
 (a) the person concerned has applied under section 42 for a reconsideration of the decision;
 (b) a period of 30 business days has elapsed since the day on which that application was received by the Archives; and
 (c) he or she has not been informed of the result of the review;
and such an application to the Tribunal may be treated by the Tribunal as having been made within the time allowed by subsection (4) if it appears to the Tribunal that there was no unreasonable delay in making the application to the Tribunal.
 (4) Notwithstanding