Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Subject to this section, an application may be made to the ACAT for review of—
(a) a decision refusing to grant access to a document in accordance with a request, not being a decision under section 33, or a decision deferring the provision of access to a document; or
(b) a decision refusing to allow a further period for making an application under section 59 (1) for a review of a decision; or
(c) a decision of the kind referred to in section 59 (1) (b) or (c).
(2) Subject to subsection (3), where, in relation to a decision referred to in subsection (1) (a) or (c), a person is or has been entitled to apply under section 59 for a review 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 the review.
(3) Subsection (2) does not prevent an application to the ACAT in respect of a decision where—
(a) the person concerned has applied under section 59 for a review of the decision; and
(b) a period of 14 days has elapsed since the day on which that application was received by or on behalf of the agency concerned; and
(c) the person has not been informed of the result of the review;
and such an application to the ACAT may be treated by the ACAT as having been made within the time allowed by subsection (4) if it appears to the ACAT that there was no unreasonable delay in making the application.
(4) Despite the ACT Civil and Administrative Tribunal Act 2008 , section 10 (d), and subject to any extension of time granted by the ACAT, an applicant may make an application under subsection (1) in relation to a decision under section 54 (3) within 28 days after the day the ombudsman informs the applicant under section 54 (3).