Document ID: chunk:federal_register_of_legislation:C2023A00033:clause:1_83ee
Version: federal_register_of_legislation:C2023A00033
Segment Type: clause
Provision Reference: sch 1 cl 83EE
Character Range: 48437–50273

83EE  Director‑General's consideration of independent reviewer's opinion
 (1) If the independent reviewer has, under subsection 83ED(4), given the Director‑General an opinion in relation to the independently reviewable decision, the Director‑General must, in as timely a manner as is possible, consider the opinion and decide whether to take any action.
Note: An action may include causing the making, by the Organisation, of a new security clearance decision in respect of the affected person under Division 2.
 (2) The Director‑General must, as soon as practicable after deciding whether to take any action, give the affected person, the Inspector‑General of Intelligence and Security and the sponsoring agency for the security clearance in relation to which the independently reviewable decision was made notice in writing of the Director‑General's decision.
 (3) If an action the Director‑General decides to take is to cause the Organisation to make a new security clearance decision in respect of the affected person under Division 2, the Director‑General must ensure that the new decision is not made by either of the following:
 (a) the internal reviewer who made the independently reviewable decision;
 (b) the person who made the internally reviewable decision in respect of which the internal reviewer made the independently reviewable decision.

Delegation
 (4) The Director‑General may, in writing, delegate the Director‑General's powers and functions under subsection (1) to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.
 (5) In performing a function or exercising a power under a delegation under subsection (4), the delegate must comply with any written directions of the Director‑General.