# ART must give adverse information to applicant

> act-s367G — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

367G ART must give adverse information to applicant
          (1) The ART must:
               (a) give to the applicant 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 the information is relevant to the review,
                   and the consequences of the information being relied on in
                   affirming the decision that is under review; and
               (c) invite the applicant to comment on the information.

               Exception—certain kinds of information
          (2) Subsection (1) does not apply in relation 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
               (c) 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









                 (d) that is non-disclosable information; or
                 (e) that was included, or referred to, in the written statement of
                      the decision that is under review; or
                  (f) that is prescribed by regulation for the purposes of this
                      paragraph.
          (3) The ART is not required to give particulars of information
              mentioned in subsection (2) to the applicant before making a
              decision on the application under:
               (a) section 105 (decision to affirm, vary, or set aside and
                    substitute or remit) of the ART Act; or
               (b) section 349 (decision to set aside and remit relating to a
                    prescribed matter) of this Act.

               Does not include certain affirmations of dismissal
          (4) 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).