Freedom of Information Act 1982
View history note
Hide history note[ CCH Note: S 61A heading will be amended by No 38 of 2024, s 3 and Sch 4 item 81, by substituting " Administrative Review Tribunal Act 2024 " for " Administrative Appeals Tribunal Act 1975 " , effective 14 October 2024.]
The Administrative Appeals Tribunal Act 1975 applies to proceedings under this Part in the way set out in the following table:
| Modification of the Administrative Appeals Tribunal Act 1975 | ||||
| Item | A reference to … | in the following provision of the Administrative Appeals Tribunal Act 1975 : | is taken to be a reference to … | |
| 1 | (Repealed by No 132 of 2015) | |||
| 2 | the person who made the decision | (a) | subsection 33(1AA) (requirement to assist Tribunal); | the agency or Minister who made the IC reviewable decision. |
| (b) | paragraph 33(2A)(b) (procedural directions) | |||
| 3 | the person who made the decision that is the subject of the application for a review by the Tribunal | subsection 37(1) or (1AF) (lodging material with Tribunal) | the agency or Minister who made the IC reviewable decision. | |
| 4 | the person who made the decision | subsection 37(1A) or (1B) (deadlines for lodging documents) | the agency or Minister who made the IC reviewable decision. | |
| 5 | the person who made the decision to which the relevant proceeding relates | subsection 41(4) (stay of decisions being reviewed) | each of the review parties. | |
| 6 | the person who made the decision | subsection 41(5) (stay of decisions being reviewed) | each of the review parties. | |
| 7 | the person who made the decision | subsection 42A(2) (dismissal for failure to appear) | the agency or Minister who made the IC reviewable decision. | |
| 8 | the person who made a decision | section 67A (giving of notices) | the person who made the decision or an agency. |
[ CCH Note: S 61A(1) will be substituted by No 38 of 2024, s 3 and Sch 4 item 66, effective 14 October 2024. S 61A(1) will read:
]
61A(1)
The Administrative Review Tribunal Act 2024 applies to proceedings under this Part as if a reference to the decision-maker in the following provisions of that Act were a reference to the agency or Minister who made the IC reviewable decision:
(a) paragraph 21(2)(b) (parties and potential parties to be notified of application);
(b) section 23 (decision-maker must give Tribunal reasons and documents - general rule);
(c) subsections 28(4) and (6) (exceptions - Tribunal may adjust requirements);
(d) section 29 (exception - while resolving whether to restrict publication or disclosure of information);
(e) paragraph 31(2)(b) (decision cannot be altered outside Tribunal process);
(f) section 54 (Tribunal can exercise powers of decision-maker);
(g) subsection 56(1) (parties and their representatives to assist Tribunal);
(h) subsection 56(2) (parties and their representatives to assist Tribunal);
(i) section 60 (decision-makers may elect not to participate in kind of proceeding or Tribunal case event);
(j) section 61 (decision-maker who elects not to participate may be made a non-participating party to proceeding or Tribunal case event);
(k) section 65 (certain parties may seek to withdraw from being a party);
(l) subsection 79(3) (Tribunal may give directions in relation to procedure for proceeding);
(m) section 85 (Tribunal may remit decision to decision-maker for reconsideration);
(n) section 105 (Tribunal decision on review of reviewable decision);
(o) section 108 (effect of Tribunal decision to vary or substitute a reviewable decision);
(p) section 126 (parties to be notified of application);
(q) paragraph 129(2)(b) (notice of President ' s decision).
[ CCH Note: S 61A(1A) will be inserted by No 38 of 2024, s 3 and Sch 4 item 66, effective 14 October 2024. S 61A(1A) will read:
]
61A(1A)
In addition, the Administrative Review Tribunal Act 2024 applies to proceedings under this Part as if a reference to the decision-maker in section 291 (giving documents etc. to decision-maker) were a reference to the person who made the decision or an agency.
61A(2)
The agency or Minister who made the IC reviewable decision is taken to have complied with the obligation under paragraph 37(1)(a) of the Administrative Appeals Tribunal Act 1975 if the agency or Minister gives the AAT the number of copies prescribed by the regulations of the decision under section 55K in relation to which an application has been made to the Tribunal.
[ CCH Note: S 61A(2) will be amended by No 38 of 2024, s 3 and Sch 4 items 67 and 67A, by substituting " paragraph 23(a) of the Administrative Review Tribunal Act 2024 " for " paragraph 37(1)(a) of the Administrative Appeals Tribunal Act 1975 " and " Tribunal " for " AAT " , effective 14 October 2024.]
61A(3)
Subsection (2) does not limit the powers of the Tribunal under section 38 of the Administrative Appeals Tribunal Act 1975 .
[ CCH Note: S 61A(3) will be amended by No 38 of 2024, s 3 and Sch 4 item 68, by substituting " section 24 or 25 of the Administrative Appeals Review Act 2024 " for " the powers of the Tribunal under section 38 or 38AA of the Administrative Appeals Tribunal Act 1975 " , effective 14 October 2024.]
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
