Administrative Appeals Tribunal Act 1975 (Repealed)

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS

Division 4 - Hearings and evidence

SECTION 35 PUBLIC HEARINGS AND ORDERS FOR PRIVATE HEARINGS, NON-PUBLICATION AND NON-DISCLOSURE
Public hearing

35(1)
Subject to this section, the hearing of a proceeding before the Tribunal must be in public.

Private hearing

35(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

35(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).

35(4)
The Tribunal may, by order, give directions prohibiting or restricting the publication or other disclosure, including to some or all of the 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.

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35(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

35(6)
This section does not apply in relation to a proceeding in the Security Division to which section 39A or 39BA applies.

Note:

See section 35AA .

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History

S 35 substituted by No 60 of 2015, s 3 and Sch 1 item 66, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 35 formerly read:

SECTION 35 HEARINGS TO BE IN PUBLIC EXCEPT IN SPECIAL CIRCUMSTANCES
35(1AA) Scope.
This section does not apply to a proceeding in the Security Appeals Division to which section 39A applies.
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History

S 35(1AA) inserted by No 175 of 1995.

35(1) Public hearing.
Subject to this section, the hearing of a proceeding before the Tribunal shall be in public.

35(1A)
If, at a time a hearing is in public, a person participates in the hearing by a means allowed under section 35A, the Tribunal is to take such steps as are reasonably necessary to ensure that the public nature of the hearing is preserved.
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History

S 35(1A) inserted by No 31 of 1993.

35(2) Private hearing etc.
Where the Tribunal is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the Tribunal may, by order:

(a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present; and

(aa) give directions prohibiting or restricting the publication of the names and addresses of witnesses appearing before the Tribunal; and

(b) give directions prohibiting or restricting the publication of evidence given before the Tribunal, whether in public or in private, or of matters contained in documents lodged with the Tribunal or received in evidence by the Tribunal; and

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

S 35(2) amended by No 26 of 1982; amended by No 175 of 1995.

35(3)
In considering:

(a) whether the hearing of a proceeding should be held in private; or

(b) whether publication, or disclosure to some or all of the parties, of evidence given before the Tribunal, or of a matter contained in a document lodged with the Tribunal or received in evidence by the Tribunal, should be prohibited or restricted;
the Tribunal shall take as the basis of its consideration the principle that it is desirable that hearings of proceedings before the Tribunal should be held in public and that evidence given before the Tribunal and the contents of documents lodged with the Tribunal or received in evidence by the Tribunal should be made available to the public and to all the parties, but shall pay due regard to any reasons given to the Tribunal why the hearing should be held in private or why publication or disclosure of the evidence or the matter contained in the document should be prohibited or restricted.

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History

S 35(3) inserted by No 58 of 1977.

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