PART VI
-
MISCELLANEOUS
SECTION 66
CONFIDENTIAL INFORMATION NOT TO BE DISCLOSED
Protected documents and information
66(1)
An entrusted person must not be required to produce a protected document, or disclose protected information, to a court except so far as necessary for the purposes of carrying into effect the provisions of this Act or another enactment conferring powers on the Tribunal.
History
S 66(1) substituted by No 60 of 2015, s 3 and Sch 1 item 145, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 66(1) formerly read:
66(1)
Protected information.
A person who is, or has been, a member or an officer of the Tribunal is not competent, and shall not be required, to give evidence to a court relating to a matter if
-
(a)
the giving of the evidence would be contrary to an order of the Tribunal in force under subsection 35(2) or under a similar provision of an enactment other than this Act;
(b)
an application has been made to the Tribunal for an order under that subsection, or under such a similar provision, concerning the matter to which the evidence would relate and the Tribunal has not determined that application; or
(c)
a certificate under section 36 or 36B is in force certifying that the disclosure of information concerning the matter to which the evidence would relate would be contrary to the public interest for a reason referred to in subsection 36(1) or 36B(1) and, where the certificate does not specify a reason referred to in paragraph 36(1)(a) or (b), or 36B(1)(a), as the case may be, the Tribunal has not made information concerning that matter available to the parties to a proceeding before the Tribunal and, in the case of information contained in a document, has not permitted the parties to such a proceeding to inspect the document.
S 66(1) substituted by No 58 of 1977; amended by No 193 of 1985; No 120 of 1988.
66(2)
An entrusted person must not be required to produce a protected document, or disclose protected information, to a parliament if:
(a)
the document or information relates to a Part 7
-
reviewable decision within the meaning of the
Migration Act 1958
; and
(b)
the production or disclosure is not necessary for the purposes of carrying into effect the provisions of this Act or another enactment conferring powers on the Tribunal.
History
S 66(2) substituted by No 60 of 2015, s 3 and Sch 1 item 145, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 66(2) formerly read:
66(2)
Protected documents.
A person who is, or has been, a member or an officer of the Tribunal shall not be required to produce in a court a document given to the Tribunal in connexion with a proceeding if
-
(a)
the production of the document would be contrary to an order of the Tribunal in force under subsection 35(2) or under a similar provision of an enactment other than this Act;
(b)
an application has been made to the Tribunal for an order under that subsection, or under such a similar provision, in relation to the document and the Tribunal has not determined that application; or
(c)
a certificate under section 36 or 36B is in force certifying that the disclosure of matter contained in the document would be contrary to the public interest for a reason referred to in subsection 36(1) or 36B(1) and, where the certificate does not specify a reason referred to in paragraph 36(1)(a) or (b), or 36B(1)(a), as the case may be, the Tribunal has not permitted the parties to a proceeding before the Tribunal to inspect the document.
S 66(2) amended by No 38 of 2005. For transitional provisions see note under s
2A
.
S 66(2) substituted by No 58 of 1977; amended by No 120 of 1988.
66(3)
Tribunal proceedings.
A person who is, or has been, a member of the Tribunal shall not be required to give evidence to a court in relation to any proceedings before the Tribunal.
History
S 66(3) substituted by No 58 of 1977.
66(4)
Definitions.
In this section
-
court
includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
enactment
includes a Norfolk Island enactment.
History
Definition of
"
enactment
"
inserted by No 139 of 2010, s 3 and Sch 1 item 149, effective 1 January 2011.
entrusted person
means any of the following:
(a)
a person who is or has been a member of the Tribunal;
(b)
a person who is or has been an officer of the Tribunal;
(c)
a person who is or has been a member of the staff of the Tribunal;
(d)
a person who is or has been engaged by the Tribunal to provide services to the Tribunal during a proceeding before the Tribunal.
History
Definition of
"
entrusted person
"
inserted by No 60 of 2015, s 3 and Sch 1 item 146, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
parliament
means:
(a)
a House of the Parliament of the Commonwealth, of a State or of a Territory; or
(b)
a committee of a House or the Houses of the Parliament of the Commonwealth, of a State or of a Territory.
History
Definition of
"
parliament
"
inserted by No 60 of 2015, s 3 and Sch 1 item 146, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
produce
includes permit access to.
protected
: a document or information is
protected
if it concerns a person and was obtained by an entrusted person in the course of the entrusted person
'
s duties.
History
Definition of
"
protected
"
inserted by No 60 of 2015, s 3 and Sch 1 item 146, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.
Note:
Section
81
of the
Australian Security Intelligence Organisation Act 1979
contains additional provisions relating to secrecy that apply to members and officers of the Tribunal.
History
S 66(4) substituted by No 58 of 1977.
Note to s 66 inserted by No 175 of 1995; amended by No 161 of 1999.
View history note
Hide history note