Freedom of Information Act 1982


Division 4 - Procedure in Tribunal  

SECTION 58B   Constitution of Tribunal for proceedings about certain exempt documents  


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.

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.


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.

(Repealed by No 60 of 2015)

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