Document ID: chunk:federal_register_of_legislation:C2005A00141:clause:1_91y:p1
Version: federal_register_of_legislation:C2005A00141
Segment Type: clause
Provision Reference: sch 1 cl 91Y (pt 1/2)
Character Range: 8248–10912

91Y  Secretary's obligation to report to Minister

Secretary must give periodic reports to Minister

 (1) The Secretary must give a report under this section to the Minister within 45 days after the end of each of the following periods (each of which is a reporting period):
 (a) the period that started on 1 July 2005 and ends, or ended, on 31 October 2005; and
 (b) each subsequent period of 4 months.

Secretary must give additional reports to Minister as required

 (2) The Minister may give to the Secretary a notice requiring the Secretary to give to the Minister a report under this section in addition to the reports required under subsection (1). The notice must specify the period to which the report is to relate (also a reporting period).

 (3) The Secretary must give the report under subsection (2) to the Minister:
 (a) within 45 days after the day on which the reporting period ends; or
 (b) within 45 days after the day on which the Minister gives the notice to the Secretary;
whichever is later.

 (4) A notice under subsection (2) is not a legislative instrument.

Information that must be included in report

 (5) A report under this section relating to a reporting period must include information about each application for a protection visa:
 (a) that:
 (i) an applicant has validly made under section 46; or
 (ii) a court or tribunal has remitted to the Minister for reconsideration; and
 (b) for which:
 (i) the Minister has made a decision under section 65 during the reporting period, but has not made the decision within the decision period; or
 (ii) the Minister has not made a decision under section 65 before or during the reporting period, and the decision period has ended (whether before or during the reporting period).

 (6) The report must also include:
 (a) the date on which each application was made that:
 (i) was validly made under section 46; and
 (ii) paragraph (5)(b) applies to; and
 (b) the reasons why decisions were not made within the decision period.

Note: The reasons mentioned in paragraph (6)(b) may relate to aspects of processing applications that are beyond the Department's control.

Information that must not be included in the report

 (7) A report under this section must not include:
 (a) the name of any current or former applicant for a protection visa; or
 (b) any information that may identify such an applicant; or
 (c) the name of any other person connected in any way with any application for a protection visa made by the applicant mentioned in paragraph (a); or
 (d) any information that may identify that other person.

Information that may be included in the report

 (8) The report may