Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 7 - Public interest certificates and interventions  

SECTION 94   PUBLIC INTEREST DECISIONS MADE BY TRIBUNAL  
When this section applies

94(1)    
This section applies if, in relation to a proceeding (the primary proceeding ):

(a)    an Attorney-General certifies under section 91 that the disclosure of specified information, or the content of a specified document, would be contrary to the public interest; and

(b)    the Tribunal makes a decision (the public interest decision ) under subsection 91(6) in relation to the information, or the content of the document.

94(2)    
This section also applies if, in relation to a proceeding (the primary proceeding ):

(a)    an Attorney-General informs the Tribunal under section 92 that the answering of a question would be contrary to the public interest; and

(b)    the Tribunal makes a decision (the public interest decision ) under paragraph 92(3)(a) in relation to the answering of the question.

Tribunal must give reasons for decision

94(3)    
The Tribunal must, as soon as practicable after making the public interest decision, give each party to the primary proceeding a statement of reasons for the decision.

Appeals to Federal Court

94(4)    
For the purposes of section 172 (party may appeal), the public interest decision is to be treated as:

(a)    the decision of the Tribunal in a separate proceeding; and

(b)    made by the Tribunal constituted for the purposes of the public interest decision.

Referral to Federal Court

94(5)    
For the purposes of section 185 (referring questions of law), a question of law in relation to the public interest decision that is referred to the Federal Court is to be treated as:

(a)    a question arising in the primary proceeding; but

(b)    referred by the Tribunal constituted for the purposes of the public interest decision.