Page 2859 - Week 08 - Thursday, 11 August 2016
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(2) The internal reviewer must—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute the reviewer’s own decision.
(3) If the decision is not varied or set aside within the 28-day period, the decision is taken to have been confirmed by the internal reviewer.
75 Reviewable decision notice
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 3, column 4 in relation to the decision.
Note The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
76 Applications for review
An entity mentioned in schedule 3, column 4 in relation to a reviewable decision may apply to the ACAT for review of the decision.
Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
77 ACAT may make recommendation that costs be available in certain cases
(1) This section applies if—
(a) a person applies to the ACAT under section 76 for review of a reviewable decision; and
(b) the person is successful, or substantially successful, in the application.
(2) The ACAT may, in its discretion, recommend to the Minister that the costs of the applicant in relation to the proceeding be paid by the Territory.
(3) Without limiting the matters to which the ACAT may consider in deciding whether to make a recommendation under subsection (2), the ACAT may consider—
(a) whether payment of the costs or any part of the costs would cause financial hardship to the applicant; and
(b) whether the decision of the ACAT on review will be of benefit to the public generally; and
(c) whether the decision of the ACAT on review will be of commercial benefit to the person making the application; and
(d) the reasonableness of the decision reviewed by the ACAT.
(4) The Minister may, under a recommendation of the ACAT under subsection (2), authorise the payment of costs to an applicant.
34
Proposed new clauses 94A and 94B
Page 62, line 1—
insert
94A Guidelines for Act
(1) The Minister may make guidelines for this Act.
(2) The guidelines may make provision for 1 or more of the following:
(a) the release of government information in response to an informal request;
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