Freedom of Information Act 1982

PART VIIA - REVIEW BY THE TRIBUNAL  

Division 7 - Automatic stay of certain decisions  

SECTION 67   Automatic stay of certain decisions on appeal  

67(1)    
This section applies if:

(a)    

a person applies, under section 57A , to the Tribunal for review in relation to a decision by an agency or Minister refusing to grant access to a document in accordance with a request, being a document that is claimed to be an exempt document; and

(b)    the Tribunal decides that a person may have access to the document; and

(c)    the agency or the Minister institutes an appeal to the Federal Court of Australia from the decision of the Tribunal.

67(2)    
If this section applies to a decision of the Tribunal, the operation of the decision is stayed by force of this section from the time at which the appeal is instituted.

67(3)    
If the agency or the Minister appeals to the Federal Court of Australia from the decision of the Tribunal and the appeal in relation to the decision is determined by the Federal Court of Australia, the stay continues to have effect until the earlier of:

(a)    the time at which the decision of the Federal Court of Australia on the appeal takes effect; and

(b)    the time otherwise determined by the Federal Court of Australia.

67(4)    

If the agency or the Minister appeals to the Federal Court of Australia from the decision of the Tribunal and the appeal in relation to the decision is determined by the Federal Circuit and Family Court of Australia (Division 2), the stay continues to have effect until the earlier of:

(a)    the time at which the decision of the Federal Circuit and Family Court of Australia (Division 2) on the appeal takes effect; and

(b)    the time otherwise determined by the Federal Circuit and Family Court of Australia (Division 2).

67(5)    

Nothing in this section affects the power of the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) to make orders under section 178 of the Administrative Review Tribunal Act 2024 in relation to matters other than staying the decision of the Tribunal.