ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 4 - Hearings and evidence  

SECTION 36D   PUBLIC INTEREST QUESTIONS UNDER SECTIONS 36, 36A AND 36C  

36D(1AA)   Scope.  

This section does not apply to a proceeding in the Security Division to which section 39A applies.

36D(1)   Parties to be notified of Tribunal ' s decision.  

As soon as practicable after making a decision:


(a) under subsection 36(3) or 36B(3) in relation to information, or matter contained in a document, in relation to a proceeding; or


(b) under paragraph 36A(2)(b) or 36C(2)(b) in relation to the answering of a question at the hearing of a proceeding;

the Tribunal shall give to each party to the proceeding a document setting out the terms of the Tribunal ' s decision.

36D(2)   Question of law.  

For the purposes of this Act:


(a) the question whether information, or matter contained in a document, should be disclosed to the parties to a proceeding; or


(b) the question whether the answering of a question would be contrary to the public interest;

is a question of law.

36D(3)   Constitution of Tribunal.  

The Tribunal ' s power to make a decision under subsection 36(3) or 36B(3) or paragraph 36A(2)(b) or 36C(2)(b) may be exercised only by the Tribunal constituted by a member who is a Judge of the Federal Court of Australia.

36D(4)   Appeals.  

A decision by the Tribunal:


(a) under subsection 36(3) or 36B(3) as to whether or not information, or matter contained in a document, should be disclosed to all or any of the parties to a proceeding; or


(b) under paragraph 36A(2)(b) or 36C(2)(b) that the answering of a question at the hearing of a proceeding would, or would not, be contrary to the public interest;

is a decision by the Tribunal in that proceeding for the purposes of section 44 .

36D(5)   Disclosure of information etc. to officers and staff of Tribunal.  

Nothing in section 36 or 36B prevents the disclosure of information, or of matter contained in a document, to a member of the staff of the Tribunal or to an officer of the Tribunal in the course of the performance of his or her duties as a member of the staff of the Tribunal or an officer of the Tribunal.

36D(6)   Public interest.  

Sections 36 and 36B exclude the operation of any rules of law that relate to the public interest and would otherwise apply in relation to the disclosure of information, or of matter contained in documents, in proceedings before the Tribunal.

36D(7)   Commonwealth Attorney-General or State Attorney-General may appear or be represented.  

The Attorney-General, or the Attorney-General of a State:


(a) may appear before the Tribunal personally, or may be represented before the Tribunal by a barrister, solicitor or other person, in order to inform the Tribunal of his or her opinion in accordance with section 36A or 36C ; or


(b) may so inform the Tribunal of his or her opinion by causing to be sent to the Tribunal a written certificate that is signed by him or her and sets out that opinion.

36D(8)  
(Repealed by No 59 of 2015)




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