PART VIIA
-
REVIEW BY THE TRIBUNAL
History
Part VIIA inserted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section
15
of the
Freedom of Information 1982
that are received at or after 1 November 2010; and applications under section
48
of that Act that are received at or after 1 November 2010.
Division 4
-
Procedure in Tribunal
History
Div 4 heading inserted by No 51 of 2010, s 3 and Sch 4 item 37, applicable in relation to requests for access made under section
15
of the
Freedom of Information 1982
that are received at or after 1 November 2010; and applications under section
48
of that Act that are received at or after 1 November 2010.
SECTION 58B
Constitution of Tribunal for proceedings about certain exempt documents
58B(1)
If an application is made to the Tribunal for review in relation to a decision refusing to grant access to a document in accordance with a request, being a document that is claimed to be an exempt document under section
33
,
34
or
45A
, then the Tribunal must be constituted in accordance with subsection (2) for the purposes of any proceeding in relation to the application.
History
S 58B(1) amended by No 177 of 2012, s 3 and Sch 1 item 8, effective 4 December 2012. For application provisions see note under s
45A
.
S 58B(1) amended by No 51 of 2010, s 3 and Sch 4 item 38, applicable in relation to requests for access made under section
15
of the
Freedom of Information 1982
that are received at or after 1 November 2010; and applications under section
48
of that Act that are received at or after 1 November 2010.
S 58B(1) substituted by No 99 of 2009, s 3 and Sch 1 item 15, effective 7 October 2009. For application provision, see note under s
33
.
58B(2)
For the purposes of a proceeding referred to in subsection (1), the Tribunal shall be constituted by:
(a)
3 presidential members; or
(b)
a presidential member alone.
58B(3)
Despite paragraph
19A(1)(b)
of the
Administrative Appeals Tribunal Act 1975
, if the Tribunal is constituted by 3 presidential members, the person who is to preside at a hearing of the proceeding is:
(a)
if the President of the Tribunal is one of the members
-
the President; or
(b)
if the President of the Tribunal is not one of the members but one or more Judges is
-
the most senior (or only) Judge; or
(c)
if paragraphs (a) and (b) do not apply
-
the Deputy President of the Tribunal whom the President of the Tribunal directs to preside.
History
S 58B(3) substituted by No 60 of 2015, s 3 and Sch 8 item 22, effective 1 July 2015.
58B(4)
(Repealed by No 60 of 2015)
History
S 58B(4) repealed by No 60 of 2015, s 3 and Sch 8 item 22, effective 1 July 2015.