Document ID: chunk:federal_register_of_legislation:C2024C00841:section:83ed
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 83ED
Character Range: 441912–443546

83ED  Independent review of decision

Consideration of decision
 (1) This section applies if the independent reviewer decides under subsection 83EB(3) to review the independently reviewable decision.
 (2) The independent reviewer must review the decision in as timely a manner as is possible.
 (3) In reviewing the decision the independent reviewer must:
 (a) consider all the information provided to the independent reviewer by the Director‑General under section 83EC; and
 (b) if the Director‑General provided a certified copy of a standard (or part thereof) under subsection 83EC(2)—the independent reviewer must apply the standard (or part thereof).

Opinion in relation to decision
 (4) After reviewing the decision, the independent reviewer must give the Director‑General, in writing, the independent reviewer's opinion as to whether the independently reviewable decision was reasonably open to have been made by the internal reviewer who made the decision.
 (5) The independent reviewer must also give a copy of the opinion to the Inspector‑General of Intelligence and Security.
 (6) Within 14 days after the day on which the independent reviewer gives the Director‑General the opinion under subsection (4), the independent reviewer must give the affected person, and the sponsoring agency for the security clearance in relation to which the independently reviewable decision was made, notice that the opinion has been given.
 (7) The independent reviewer must not give the opinion to the affected person or the sponsoring agency for the security clearance in relation to which the independently reviewable decision was made.