Administrative Review Tribunal Act 2024

PART 6 - PROCEEDINGS IN INTELLIGENCE AND SECURITY JURISDICTIONAL AREA  

Division 1 - Preliminary  

SECTION 132  

132   SIMPLIFIED OUTLINE OF THIS PART  
 

Special rules apply when the Tribunal ' s powers in relation to a proceeding are exercised in the Intelligence and Security jurisdictional area. This occurs if the proceeding relates to an intelligence and security decision or the President otherwise directs (for example where the President is satisfied national security information would be involved).

The standard Tribunal process is adjusted, including in relation to applicants, decision-makers, parties, constitution of the Tribunal, dispute resolution processes and Tribunal decisions. Some adjustments apply to all intelligence and security decisions, others only apply to some kinds of decisions.

Referral to the guidance and appeals panel is not available in relation to intelligence and security decisions. However, for some kinds of intelligence and security decisions reviewed by the Tribunal, the applicant may apply to the Tribunal for the decision to be reviewed again.

Special rules are also in place to protect information. These deal with:

  • (a) whether statements of reasons can be given; and
  • (b) what information is to be provided to the Tribunal and parties to proceedings; and
  • (c) how the information is to be provided; and
  • (d) how the information is to be used and protected.

    • For example, different requirements apply to information covered by certificates issued on public interest grounds.

     

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