Freedom of Information Act 1982

PART VIIA - REVIEW BY THE TRIBUNAL  

Division 5 - Protection of information in Tribunal  

SECTION 63   Tribunal to ensure non-disclosure of certain matters  

63(1)    

In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 35(2) , (3) or (4) of the Administrative Appeals Tribunal Act 1975 , the Tribunal must:

(a) have regard to:

(i) the necessity of avoiding the disclosure to the applicant of exempt matter contained in a document to which the proceedings relate; and

(ii) the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 25(1) ; and

(b) where the proceedings relate to a document that is claimed to be an exempt document under section 33 - give particular weight to a submission made by an agency or a Minister that is desirable to make the order or orders under subsection 35(2) , (3) or (4) of the Administrative Appeals Tribunal Act 1975 because disclosure of the document:

(i) would, or could reasonably be expected to, cause damage to the security, defence or international relations of the Commonwealth; or

(ii) would divulge information or matter communicated in confidence by or on behalf of a foreign government, an authority of a foreign government or an international organisation to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or of an authority of the Commonwealth.

63(2)    
Notwithstanding anything contained in the Administrative Appeals Tribunal Act 1975 :

(a) the Tribunal shall not, in its decision, or reasons for a decision, in a matter arising under this Act, include any matter or information of a kind referred to in paragraph (1)(a); and

(b) the Tribunal may receive evidence, or hear argument, in the absence of the applicant or his or her representative where it is necessary to do so in order to prevent the disclosure to the applicant of matter or information of a kind referred to in paragraph (1)(a).