Australian Capital Territory Consolidated Acts

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FREEDOM OF INFORMATION ACT 1989 - SECT 72

Notice of reasons etc—application of ACT Civil and Administrative Tribunal Act, div 4A.2 etc

    (1)     If an applicant has been given a written notice under section 25 (Reasons and other particulars of decisions to be given) in relation to a decision, the ACT Civil and Administrative Tribunal Act 2008, division 4A.2 (Reasons statements) does not apply to the decision.

    (2)     If the ACAT, upon application for a declaration under this subsection made to it by a person to whom a notice has been given under section 25 (1), considers that the notice does not contain—

        (a)     adequate particulars of findings on material questions of fact; or

        (b)     an adequate reference to the evidence or other material on which those findings were based; or

        (c)     adequate particulars of the reasons for the decision;

the ACAT may make a declaration accordingly, and, where the ACAT makes such a declaration, the person responsible for giving the notice shall, as soon as practicable but in any case within 28 days after the ACAT makes the declaration, give to the applicant an additional notice containing further and better particulars in relation to matters specified in the declaration with respect to those findings, that evidence or other material or those reasons.



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