Freedom of Information Act 1982

PART VIIA - REVIEW BY THE TRIBUNAL  

Division 5 - Protection of information in Tribunal  

SECTION 63   Tribunal to ensure non-disclosure of certain matters  

63(1)    

In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024 , the Tribunal must have regard to:

(a)    

the necessity of avoiding the disclosure to the applicant of exempt matter contained in a document to which the proceedings relate; and

(b)    

the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 25(1) .

63(2)    

Notwithstanding anything contained in the Administrative Review Tribunal Act 2024 :

(a)    

the Tribunal shall not, in its decision, or reasons for a decision, in a matter arising under this Act, include any matter or information of a kind referred to in paragraph (1)(a) or (b) ; and

(b)    

the Tribunal may receive evidence, or hear argument, in the absence of the applicant or his or her representative where it is necessary to do so in order to prevent the disclosure to the applicant of matter or information of a kind referred to in paragraph (1)(a) or (b) .