52G   Restrictions on disclosure of certain information etc.

                   Despite anything else in this Act (except section 52B), the Secretary of the Department must not give a document or information to the Administrative Appeals Tribunal in relation to the Tribunal’s review of a decision if the Minister certifies, in writing, that disclosing any matter contained in the document, or disclosing the information, would be contrary to the public interest:

                     (a)  because it would prejudice the security, defence or international relations of Australia; or

                     (b)  because it would involve the disclosure of deliberations or decisions of the Cabinet or of a committee of the Cabinet.

Note:          See also section 52J (general provisions relating to sections 52G and 52H).

52H   Administrative Appeals Tribunal’s discretion in relation to disclosure of certain information etc.

             (1)  This section applies to a document or information if:

                     (a)  the Minister has certified, in writing, that disclosing any matter contained in the document, or disclosing the information, would be contrary to the public interest for any reason specified in the certificate (other than a reason set out in paragraph 52G(a) or (b)) that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the matter contained in the document, or the information, should not be disclosed; or

                     (b)  the document, the matter contained in the document, or the information, was given to the Minister, or to an authorised Commonwealth officer, in confidence.

Note:          See also section 52J (general provisions relating to sections 52G and 52H).

             (2)  If the Secretary of the Department gives the document or information to the Administrative Appeals Tribunal in accordance with a requirement of or under this Act in relation to the Tribunal’s review of a decision, the Secretary:

                     (a)  must notify the Tribunal in writing that this section applies to the document or information; and

                     (b)  may give the Tribunal any written advice that the Secretary thinks relevant about the significance of the document or information.

             (3)  After being notified under subsection (2), the Administrative Appeals Tribunal:

                     (a)  may have regard to any matter contained in the document, or to the information, for the purpose of exercising its powers in relation to the decision; and

                     (b)  may, if the Tribunal thinks it appropriate to do so having regard to any advice given by the Secretary under subsection (2), disclose any matter contained in the document, or the information, to the applicant or to any other person who has given oral or written evidence to the Tribunal in relation to the decision.

             (4)  The Administrative Appeals Tribunal must give a direction under subsection 35(4) of the Administrative Appeals Tribunal Act 1975 in relation to information about a matter if:

                     (a)  the Tribunal discloses the matter under subsection (3) of this section; and

                     (b)  the Tribunal is satisfied that it is in the public interest that disclosure of the matter be prohibited or restricted.

             (5)  Subsection 35(5) of the Administrative Appeals Tribunal Act 1975 does not apply in considering whether to give a direction under subsection 35(4) of that Act in relation to a matter disclosed under subsection (3) of this section.

52J   General provisions relating to sections 52G and 52H

Requirements of natural justice hearing rule

             (1)  For the purposes of the review of a decision by the Administrative Appeals Tribunal, sections 52G and 52H are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the information or documents to which those sections apply.

Relationship with the Administrative Appeals Tribunal Act 1975

             (2)  Sections 52G and 52H apply despite any provision of the Administrative Appeals Tribunal Act 1975 .