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ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 66

Confidential information not to be disclosed

Protected documents and information

             (1)  An entrusted person must not be required to produce a protected document, or disclose protected information, to a court except so far as necessary for the purposes of carrying into effect the provisions of this Act or another enactment conferring powers on the Tribunal.

             (2)  An entrusted person must not be required to produce a protected document, or disclose protected information, to a parliament if:

                     (a)  the document or information relates to a Part 7-reviewable decision within the meaning of the Migration Act 1958 ; and

                     (b)  the production or disclosure is not necessary for the purposes of carrying into effect the provisions of this Act or another enactment conferring powers on the Tribunal.

Tribunal proceedings

             (3)  A person who is, or has been, a member of the Tribunal shall not be required to give evidence to a court in relation to any proceedings before the Tribunal.

Definitions

             (4)  In this section:

"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

"enactment" includes a Norfolk Island enactment.

"entrusted person" means any of the following:

                     (a)  a person who is or has been a member of the Tribunal;

                     (b)  a person who is or has been an officer of the Tribunal;

                     (c)  a person who is or has been a member of the staff of the Tribunal;

                     (d)  a person who is or has been engaged by the Tribunal to provide services to the Tribunal during a proceeding before the Tribunal.

"parliament" means:

                     (a)  a House of the Parliament of the Commonwealth, of a State or of a Territory; or

                     (b)  a committee of a House or the Houses of the Parliament of the Commonwealth, of a State or of a Territory.

"produce" includes permit access to.

"protected" : a document or information is protected if it concerns a person and was obtained by an entrusted person in the course of the entrusted person's duties.

Note:          Section 81 of the Australian Security Intelligence Organisation Act 1979 contains additional provisions relating to secrecy that apply to members and officers of the Tribunal.



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