Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 1   Amendment of the Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal Act 1975

66   Section 35

Repeal the section, substitute:

35 Public hearings and orders for private hearings, non-publication and non-disclosure

Public hearing

(1) Subject to this section, the hearing of a proceeding before the Tribunal must be in public.

Private hearing

(2) The Tribunal may, by order:

(a) direct that a hearing or part of a hearing is to take place in private; and

(b) give directions in relation to the persons who may be present.

Orders for non-publication or non-disclosure

(3) The Tribunal may, by order, give directions prohibiting or restricting the publication or other disclosure of:

(a) information tending to reveal the identity of:

(i) a party to or witness in a proceeding before the Tribunal; or

(ii) any person related to or otherwise associated with any party to or witness in a proceeding before the Tribunal; or

(b) information otherwise concerning a person referred to in paragraph (a).

(4) The Tribunal may, by order, give directions prohibiting or restricting the publication or other disclosure, including to another party or parties, of information that:

(a) relates to a proceeding; and

(b) is any of the following:

(i) information that comprises evidence or information about evidence;

(ii) information lodged with or otherwise given to the Tribunal.

(5) In considering whether to give directions under subsection (2), (3) or (4), the Tribunal is to take as the basis of its consideration the principle that it is desirable:

(a) that hearings of proceedings before the Tribunal should be held in public; and

(b) that evidence given before the Tribunal and the contents of documents received in evidence by the Tribunal should be made available to the public and to all the parties; and

(c) that the contents of documents lodged with the Tribunal should be made available to all the parties.

However (and without being required to seek the views of the parties), the Tribunal is to pay due regard to any reasons in favour of giving such a direction, including, for the purposes of subsection (3) or (4), the confidential nature (if applicable) of the information.

Not applicable to Security Division review of security assessment

(6) This section does not apply in relation to a proceeding in the Security Division to which section 39A applies.

Note: See section 35AA.