Administrative Review Tribunal Act 2024 (40 of 2024)

Part 7   Appeals and references of questions of law to Federal Court

Division 6   Sending and disclosing documents

190   Disclosure of security clearance documents

When this section applies

 

(1) This section applies if a document sent to the Federal Court under this Division:

(a) is a copy of a standard (or part of a standard) mentioned in subsection 143(1); or

(b) contains sensitive information as mentioned in subsection 159(2).

General rule

      

(2) The Federal Court must do all things necessary to ensure that the copy of the standard (or part) and any information contained in it, or the sensitive information, is not disclosed to any person other than:

(a) a member of the court as constituted for the purposes of the proceeding; or

(b) the Director-General of Security or the Director-General's representative.

Exception

      

(3) However, subsection (2) does not apply in relation to a disclosure to the person who was the applicant, or a person representing the person who was the applicant, in the proceeding in the Tribunal to the extent that the information:

(a) has already been lawfully disclosed to the person; or

(b) is disclosed to the person with the consent of the Director-General of Security.