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(Repealed by No 59 of 2015)


 

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