PART VIIA
-
REVIEW BY THE TRIBUNAL
History
Part VIIA inserted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section
15
of the
Freedom of Information 1982
that are received at or after 1 November 2010; and applications under section
48
of that Act that are received at or after 1 November 2010.
Division 4
-
Procedure in Tribunal
History
Div 4 heading inserted by No 51 of 2010, s 3 and Sch 4 item 37, applicable in relation to requests for access made under section
15
of the
Freedom of Information 1982
that are received at or after 1 November 2010; and applications under section
48
of that Act that are received at or after 1 November 2010.
SECTION 60
Procedure in Tribunal
-
parties
60(1)
This section applies for the purposes of this Part and of the application of the
Administrative Review Tribunal Act 2024
in relation to proceedings under this Part.
History
S 60(1) amended by No 38 of 2024, s 3 and Sch 4 item 81, effective 14 October 2024.
60(2)
A decision given by a person on behalf of an agency is taken to have been given by the agency.
60(3)
The parties to a proceeding before the Tribunal for a review of a decision are as follows:
(a)
the person who applied to the Tribunal for a review of the decision under section
57A
;
(b)
the person who made the request or application in respect of which the decision was made;
(c)
the principal officer of the agency, or the Minister, to whom the request or application was made;
(d)
any other person who is made a party to the proceeding by the Tribunal under paragraph
22(1)(c)
of the
Administrative Review Tribunal Act 2024
.
History
S 60(3) amended by No 38 of 2024, s 3 and Sch 4 item 64, effective 14 October 2024.
History
S 60 substituted by No 51 of 2010, s 3 and Sch 4 item 41, applicable in relation to requests for access made under section
15
of the
Freedom of Information 1982
that are received at or after 1 November 2010; and applications under section
48
of that Act that are received at or after 1 November 2010. S 60 formerly read:
SECTION 60 Parties
60
For the purposes of this Part and of the application of the
Administrative Appeals Tribunal Act 1975
in respect of proceedings under this Part:
(a)
a decision given by a person on behalf of an agency shall be deemed to have been given by the agency; and
(b)
in proceedings by virtue of section
56
, the agency or Minister to which or to whom the request was made shall be a party to the proceedings.
(c)
(Repealed by No 99 of 2009)
S 60 amended by No 99 of 2009, s 3 and Sch 1 items 22 to 24, by inserting
"
and
"
at the end of para (a), substituting
"
.
"
for
"
; and
"
in para (b) and repealing para (c), effective 7 October 2009. For application provision, see note under s
33
. Para (c) formerly read:
(c)
in proceedings for the determination of a question referred to in subsection
58(4)
,
(5)
or
(5A)
in relation to a document, the Minister who is the appropriate Minister for the purposes of section
58A
in respect of that document shall, upon application to the Tribunal, be entitled to be a party to the proceedings.