Administrative Review Tribunal Act 2024

PART 7 - APPEALS AND REFERENCES OF QUESTIONS OF LAW TO FEDERAL COURT  

Division 6 - Sending and disclosing documents  

SECTION 187   SENDING DOCUMENTS  

187(1)    
The Tribunal must send to the Federal Court all documents that:

(a)    were before the Tribunal in connection with the proceeding; and

(b)    are relevant to the appeal or reference.

187(2)    
If the Federal Court transfers an appeal to the Federal Circuit and Family Court of Australia (Division 2):

(a)    the Federal Court must send the documents concerned to the Federal Circuit and Family Court of Australia (Division 2); and

(b)    sections 189 (disclosure contrary to public interest) and 190 (disclosure of security clearance documents) apply in relation to that court in the same way as they apply in relation to the Federal Court.

187(3)    
To avoid doubt, paragraph (2)(a) has effect despite:

(a)    section 91 (disclosure of information - public interest certificate); and

(b)    any provision of Part 6 (proceedings in Intelligence and Security jurisdictional area); or

(c)    a certificate made under a provision mentioned in column 2 of the table in subsection 162(1) (non-disclosure certificates under other Acts); or

(d)    section 272 (public interest certificate in relation to statement of reasons).