7.2.5 After an ART review concludes

Introduction

After the ART review concludes, there are several things the ART must do and several they can do, if appropriate. These include:

• notifying parties to the review of its decision and reasons
• publishing decisions
• correcting errors in the text of its decisions or reasons
• making decisions on costs.

Notification of decisions & reasons for concluded ART reviews

If the ART makes a decision to affirm, vary or set aside an ART reviewable decision on review then it must give each party to the ART review the following in writing:

• The ART’s decision
• A statement of reasons for the decision
• Notice of the right to apply to refer the decision to the guidance and appeals panel, where applicable
• Notice of the right to a second review, where applicable (7.3)
• Notice of the right to appeal to the Federal Court

Exception: Notification is not required where the decision made is in accordance with the terms of an agreement between the parties of an ART review.

Unless the President of the ART has made a practice direction stating otherwise, each item described above must be given within 28 days after the day the ART’s decision is made.

The ART may give a decision and the reasons for the decision orally before giving them in writing.

Note: A failure by the ART to provide the things mentioned above by the time required does not affect the validity of its decision.

Exception: The ART can order the restriction of publication or disclosure of information. The general requirement to provide notification of a decision and reasons is subject to such an order. Likewise, where a public interest certificate has been issued restricting the disclosure of specified information, the notification requirements above do not require the disclosure of the specified information.

Notification of decision & statement of reasons – other proceedings

If the ART makes a decision finalising an ART review, other than those above or:

• a decision in relation to an Attorney-General certifying that the disclosure of information would be against the public interest or intervening to prevent a question being answered
• a decision to dismiss the ART review application with the parties’ consent
• a decision in accordance with the terms of an agreement between the parties
• a decision of the President of the ART to refer a decision to the guidance and appeals panel

then the ART must give each party to the ART review notice of its decision either orally or in writing. If the ART has not given a party a statement of reasons for its decision, then the party may request, in writing and within 28 days of the decision being made, the ART provide a statement of reasons. The ART must give the party a statement of reasons within 28 days of receiving this request.

Exception: The ART can order the restriction of publication or disclosure of information. The general requirement to provide notification of a decision and reasons is subject to such an order. Likewise, where a public interest certificate has been issued restricting the disclosure of specified information, the notification requirements above do not require the disclosure of the specified information.

Publication of decisions

The ART can publish its decisions and the reasons for them as long as it does so in accordance with any requirements specified in the practice directions.

The ART must publish a decision and the reasons for it where the President considers that the decision involves a significant conclusion of law or has significant implications for Commonwealth policy or administration or was a decision to affirm, vary or set aside an ART reviewable decision (not made in accordance with a decision agreed by parties) made by the guidance and appeals panel.

Exception: In publishing its decision, the ART cannot publish information prohibited or restricted from disclosure by legislation.

Correcting errors

If after the ART has made its decision and the ART considers there is an obvious error in the text of the decision or statement of reasons for the decision, then the ART may alter the text and the altered text is considered to be the decision or statement of reasons respectively.

Costs

If the ART orders a party to an ART review to pay costs incurred by another party and the parties cannot agree on the amount of the costs, then the ART can decide the amount. This amount is recoverable as a debt from the paying party by the owed party.