Freedom of Information Act 1982

Part VIIA inserted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.

Div 4 heading inserted by No 51 of 2010, s 3 and Sch 4 item 37, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.

S 58C repealed by No 99 of 2009, s 3 and Sch 1 item 16, effective 7 October 2009. For application provision, see note under s 33 . S 58C formerly read:

SECTION 58C Hearing of certain proceedings before the Tribunal  
(1)
This section has effect notwithstanding anything contained in the Administrative Appeals Tribunal Act 1975 .

(2)
At the hearing of a proceeding referred to in subsection 58B(1) , the Tribunal:

(a) shall hold in private the hearing of any part of the proceeding during which evidence or information is given, or a document is produced, to the Tribunal by:

(i) an agency or an officer of an agency;

(ii) a Minister or a member of the staff of a Minister; or

(iii) a member, an officer, or a member of the staff, of a body referred to in subsection 7(1) or the person referred to in that subsection;

or during which a submission is made to the Tribunal by or on behalf of an agency or Minister, being a submission in relation to the claim:

(iv) in the case of a document in respect of which there is in force a certificate under subsection 33(2) or 33A(2) or section 34 or 35 - that the document is an exempt document;

(v) in the case of a document in respect of which there is in force a certificate under section 36 - that the disclosure of the document would be contrary to the public interest; or

(vi) in the case where a certificate is in force under subsection 33(4) or 33A(4) - that information as to the existence or non-existence of a document as described in a request would, if contained in a document of an agency:

(A) in a case where the certificate was given under subsection 33(4) - cause that document of an agency to be an exempt document for a reason referred to in subsection 33(1) ; or

(B) in a case where the certificate was given under subsection 33A(4) - cause subsection (2A) to apply to that document of an agency; and

(b) subject to subsection (4), shall hold the hearing of any other part of the proceeding in public.

(2A)
For the purpose of sub-subparagraph 58C(2)(a)(vi)(B) , this subsection applies to a document of an agency if the information (as mentioned in subparagraph 58C(2)(a)(vi) ) would:

(a) cause that document of an agency to be an exempt document for a reason referred to in subsection 33A(1) ; and

(b) not cause that document of an agency to be a document containing matter the disclosure of which under this Act would be, on balance, in the public interest.

(3)
Where the hearing of any part of a proceeding is held in private in accordance with subsection (2), the Tribunal:

(a) may, by order, give directions as to the persons who may be present at that hearing; and

(b) shall give directions prohibiting the publication of:

(i) any evidence or information given to the Tribunal;

(ii) the contents of any documents lodged with, or received in evidence by, the Tribunal; and

(iii) any submission made to the Tribunal;

at that hearing.

(4)
Where, in relation to a proceeding referred to in subsection 58B(1) , the Tribunal is satisfied that it is desirable to do so by reason of the confidential nature of any evidence, information or matter or for any other reason, the Tribunal may, by order:

(a) direct that the hearing of a part of the proceeding that, but for this subsection, would be held in public shall take place in private and give directions as to the persons who may be present at that hearing;

(b) give directions prohibiting or restricting the publication of:

(i) the contents of any document lodged with the Tribunal in relation to the proceeding; or

(ii) any evidence or information given to the Tribunal, the contents of any document received in evidence by the Tribunal, or any submission made to the Tribunal, in relation to the proceeding otherwise than at a hearing held in private in accordance with subsection (2); or

(c) give directions prohibiting or restricting the disclosure to some or all of the parties to the proceeding of evidence given before the Tribunal, or the contents of a document lodged with, or received in evidence by, the Tribunal, in relation to the proceeding.

(5)
A direction given by the Tribunal under paragraph (3)(b) or (4)(b), does not prevent a person referred to in subparagraph (2)(a)(i), (ii) or (iii) from disclosing, in the course of the performance of his or her duties, any matter to any other person.