New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 32

32 Board to give statement of decision

(1) The Board is to provide a written statement of a decision made under section 31 to the complainant and the accreditation holder concerned, and must do so as soon as practicable after the decision is made (bearing in mind the public welfare and seriousness of the matter).

(2) The statement of a decision must:

(a) set out any findings on material questions of fact, and

(b) refer to any evidence or other material on which the findings were based, and

(c) give the reasons for the decision.

(3) The Board is not required to include confidential information in any such statement. If a statement would be false or misleading if it did not include the confidential information, the Board is not required to provide the statement.

(4) When confidential information is not included in the statement of a decision provided to a person or the statement is not provided to a person because of subsection (3), the Board must give a confidential information notice to the person.

(5) A "confidential information notice" is a notice that indicates that confidential information is not included or that the statement will not be provided (as appropriate) and gives the reasons for this. The notice must be in writing and must be given within one month after the decision is made.

(6) This section does not affect the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.

(7) In this section:
"confidential information" means information that:

(a) has not previously been published or made available to the public when a written statement of a decision to which it is or may be relevant is being prepared, and

(b) relates to the personal or business affairs of a person, other than a person to whom the Board is required (or would, but for subsection (3), be required) to provide a written statement of a decision, and

(c) is information:

(i) that was supplied in confidence, or

(ii) the publication of which would reveal a trade secret, or

(iii) that was provided in compliance with a duty imposed by an enactment, or

(iv) the provision of which by the Board would be in breach of any enactment.