Administrative Review Tribunal Act 2024 (40 of 2024)

Part 4   Proceedings

Division 10   After proceeding ends

113   Tribunal may publish decisions

General rules

 

(1) The Tribunal may publish its decisions and the reasons for them.

      

(2) The Tribunal must publish a decision (and the reasons for it) if:

(a) the President considers that the decision:

(i) involves a significant conclusion of law; or

(ii) has significant implications for Commonwealth policy or administration; or

(b) the decision is:

(i) made by the Tribunal constituted for the purposes of a proceeding by the guidance and appeals panel; and

(ii) made under section 105 (Tribunal decision on review of reviewable decision); and

(iii) not made in accordance with subsection 103(2) (decision agreed by parties).

      

(3) Publication of Tribunal decisions, and the reasons for them, must be in accordance with any requirements specified in the practice directions.

Exception - where disclosure prohibited or restricted by law

      

(4) However, this section does not authorise the Tribunal to publish information the disclosure of which is prohibited or restricted by or under this Act, another Act or an instrument made under an Act.

Note: The disclosure of information may be prohibited or restricted by Tribunal order under section 70. For example, while the Tribunal can publish reasons for a decision in a proceeding that was not heard in public, the reasons cannot include information covered by a Tribunal order under section 70.