Freedom of Information Act 1982

PART VIIA - REVIEW BY THE TRIBUNAL  

Division 4 - Procedure in Tribunal  

SECTION 61A   Modification of the Administrative Review Tribunal Act 2024  

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).

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.

61A(2)    

The agency or Minister who made the IC reviewable decision is taken to have complied with the obligation under paragraph 23(a) of the Administrative Review Tribunal Act 2024 if the agency or Minister gives the Tribunal the number of copies prescribed by the regulations of the decision under section 55K in relation to which an application has been made to the Tribunal.

61A(3)    

Subsection (2) does not limit section 24 or 25 of the Administrative Appeals Review Act 2024 .