Freedom of Information Act 1982

[ CCH Note: S 61A heading will be amended by No 38 of 2024, s 3 and Sch 4 item 81, by substituting " Administrative Review Tribunal Act 2024 " for " Administrative Appeals Tribunal Act 1975 " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]

[ CCH Note: S 61A(1) will be substituted by No 38 of 2024, s 3 and Sch 4 item 66, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. S 61A(1) will read:

61A(1)
The Administrative Review Tribunal Act 2024 applies to proceedings under this Part as if a reference to the decision-maker in the following provisions of that Act were a reference to the agency or Minister who made the IC reviewable decision:

(a) paragraph 21(2)(b) (parties and potential parties to be notified of application);

(b) section 23 (decision-maker must give Tribunal reasons and documents - general rule);

(c) subsections 28(4) and (6) (exceptions - Tribunal may adjust requirements);

(d) section 29 (exception - while resolving whether to restrict publication or disclosure of information);

(e) paragraph 31(2)(b) (decision cannot be altered outside Tribunal process);

(f) section 54 (Tribunal can exercise powers of decision-maker);

(g) subsection 56(1) (parties and their representatives to assist Tribunal);

(h) subsection 56(2) (parties and their representatives to assist Tribunal);

(i) section 60 (decision-makers may elect not to participate in kind of proceeding or Tribunal case event);

(j) section 61 (decision-maker who elects not to participate may be made a non-participating party to proceeding or Tribunal case event);

(k) section 65 (certain parties may seek to withdraw from being a party);

(l) subsection 79(3) (Tribunal may give directions in relation to procedure for proceeding);

(m) section 85 (Tribunal may remit decision to decision-maker for reconsideration);

(n) section 105 (Tribunal decision on review of reviewable decision);

(o) section 108 (effect of Tribunal decision to vary or substitute a reviewable decision);

(p) section 126 (parties to be notified of application);

(q) paragraph 129(2)(b) (notice of President ' s decision).

[ CCH Note: S 61A(1A) will be inserted by No 38 of 2024, s 3 and Sch 4 item 66, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. S 61A(1A) will read:

61A(1A)
In addition, the Administrative Review Tribunal Act 2024 applies to proceedings under this Part as if a reference to the decision-maker in section 291 (giving documents etc. to decision-maker) were a reference to the person who made the decision or an agency.

[ CCH Note: S 61A(2) will be amended by No 38 of 2024, s 3 and Sch 4 items 67 and 67A, by substituting " paragraph 23(a) of the Administrative Review Tribunal Act 2024 " for " paragraph 37(1)(a) of the Administrative Appeals Tribunal Act 1975 " and " Tribunal " for " AAT " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]

[ CCH Note: S 61A(3) will be amended by No 38 of 2024, s 3 and Sch 4 item 68, by substituting " section 24 or 25 of the Administrative Appeals Review Act 2024 " for " the powers of the Tribunal under section 38 or 38AA of the Administrative Appeals Tribunal Act 1975 " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]