# Information and invitation given by ART

> act-s359A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

359A Information and invitation given by ART
          (1) Subject to subsection (2), the ART must:
               (a) give to the applicant, in the way that the ART considers
                   appropriate in the circumstances, clear particulars of any
                   information that the ART considers would be the reason, or a
                   part of the reason, for affirming the decision that is under
                   review; and
               (b) ensure, as far as is reasonably practicable, that the applicant
                   understands why it is relevant to the review, and the
                   consequences of it being relied on in affirming the decision
                   that is under review; and
               (c) invite the applicant to comment on it.
          (2) If the information or invitation is given to the applicant in writing,
              the information and invitation must be given:
                (a) except where paragraph (b) applies—by one of the methods
                     specified in section 379A; or
                (b) if the applicant is in immigration detention—by a method
                     prescribed for the purposes of giving documents to such a
                     person.
          (4) This section does not apply to information:
               (a) that is not specifically about the applicant or another person
                    and is just about a class of persons of which the applicant or
                    other person is a member; or









                 (b) that the applicant gave for the purpose of the application for
                     review; or
                (ba) that the applicant gave during the process that led to the
                     decision that is under review, other than such information
                     that was provided orally by the applicant to the Department;
                     or
                 (c) that is non-disclosable information; or
                 (d) that was included, or referred to, in the written statement of
                     the decision that is under review; or
                 (e) that is prescribed by regulation for the purposes of this
                     paragraph.
        (4A) The ART is not required to give particulars of information
             mentioned in subsection (4) to the applicant before making a
             decision on the application under section 105 of the ART Act or
             section 349 of this Act.
          (5) A reference in this section to affirming a decision that is under
              review does not include a reference to the affirmation of a decision
              that is taken to be affirmed under subsection 368C(6).