Administrative Appeals Tribunal Act 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 4 - Hearings and evidence  

SECTION 36C   ANSWERING QUESTIONS WHERE STATE ATTORNEY-GENERAL INTERVENES ON PUBLIC INTEREST GROUNDS  

36C(1AA)   Scope.  

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

36C(1)   Intervention by State Attorney-General.  

Where, at the hearing of a proceeding before the Tribunal, a person is asked a question in the course of giving evidence, the Attorney-General of a State may inform the Tribunal that, in his or her opinion, the answering of the question would be contrary to the public interest for a specified reason or reasons, being a reason or reasons mentioned in subsection 36B(1) .

36C(2)   When person excused from answering question.  

Where the Attorney-General of a State informs the Tribunal that, in his or her opinion, the answering by a person of a question would be contrary to the public interest, that person is excused from answering the question unless:


(a) if the reason specified is, or the reasons specified include, a reason referred to in paragraph 36B(1)(a) - a court, on an appeal under section 44 or a reference under section 45 , decides that the answering of the question would not be contrary to the public interest; or


(b) otherwise - the Tribunal decides that the answering of the question would not be contrary to the public interest.

36C(3)   State Attorney-General taken to be a party.  

Where the Attorney-General of a State informs the Tribunal that, in his or her opinion, the answering by a person of a question at the hearing of a proceeding would be contrary to the public interest and, but for this subsection, that Attorney-General would not be a party to the proceeding, that Attorney-General shall, for the purposes of this Act, be taken to be a party to the proceeding.

36C(4)  
(Repealed by No 59 of 2015)




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.