Administrative Review Tribunal Act 2024

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

Division 6 - Sending and disclosing documents  

SECTION 189   DISCLOSURE CONTRARY TO PUBLIC INTEREST  
When this section applies

189(1)    
This section applies if:

(a)    a document is sent to the Federal Court under this Division; and

(b)    a certificate in force under one of the following provisions certifies that disclosure of a matter contained in the document would be contrary to the public interest:

(i) subsection 91(1) or (2) (disclosure of information - public interest certificate);

(ii) subsection 161(2) (public interest certificates - responsible Minister);

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

(iv) subsection 272(1) (public interest certificate in relation to statement of reasons).

General rule

189(2)    
The Federal Court must do all things necessary to ensure that the matter is not disclosed to any person other than a member of the court as constituted for the purposes of the appeal or reference.

Exception

189(3)    
However, the Federal Court must permit the parties to the proceeding in the Tribunal to inspect the part of the document that contains the matter if:

(a)    the document is covered by a certificate mentioned in paragraph (b) ; and

(b)    a reason specified in the certificate in relation to the matter is not a reason mentioned in:

(i) for a certificate in force under subsection 91(1) - paragraph 91(1)(a) or (b) ; or

(ii) for a certificate in force under subsection 91(2) - paragraph 91(2)(a) ; or

(iii) for a certificate in force under subsection 161(2) - paragraph 161(2)(a) , (b) or (c) ; or

(iv) for a certificate in force under subsection 272(1) - paragraph 272(1)(a) or (b) ; and

(c)    a question for decision by the Court is whether the matter should be disclosed to some or all of the parties to the proceeding in the Tribunal; and

(d)    the Court decides that the matter should be so disclosed.