Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 7 - Public interest certificates and interventions  

SECTION 92   ATTORNEY-GENERAL MAY INTERVENE FOR PUBLIC INTEREST REASONS  
Attorney-General may intervene

92(1)    
If a person is asked a question in the course of giving evidence at the hearing of a proceeding in the Tribunal:

(a)    the Attorney-General of the Commonwealth may inform the Tribunal that, in the opinion of the Attorney-General, the answering of the question would be contrary to the public interest for a reason mentioned in subsection 91(1) ; or

(b)    the Attorney-General of a State, the Australian Capital Territory or the Northern Territory may inform the Tribunal that, in the opinion of the Attorney-General, the answering of the question would be contrary to the public interest for a reason mentioned in subsection 91(2) .

General rule

92(2)    
If an Attorney-General so informs the Tribunal, the person is excused from answering the question.

Exceptions

92(3)    
However, the person must answer the question if:

(a)    for a reason covered by paragraph 91(1)(c) or (2)(b) - the Tribunal decides that the answering of the question would not be contrary to the public interest; or

(b)    in any case - the Federal Court, on an appeal under section 172 or a reference under section 185 , decides that answering the question would not be contrary to the public interest.

92(4)    
For the purposes of making a decision under paragraph (3)(a) , the Tribunal must be constituted:

(a)    as if the making of the decision were a separate proceeding; and

(b)    by a member who is, or by members at least one of whom is, a Judge or a Deputy President.