Australian Capital Territory Current Acts

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ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 - SECT 22K

Non-disclosure certificate without prescribed reason

    (1)     This section applies if—

        (a)     a certifying authority gives a non-disclosure certificate in relation to information or a matter; and

        (b)     the non-disclosure certificate does not include a prescribed reason for the giving of the certificate.

    (2)     The certifying authority is a party to the proceeding in which the information or matter is to be considered.

    (3)     The tribunal must decide whether the information or matter should be disclosed to a party to the proceeding.

    (4)     Before making the decision, the tribunal must consider the following:

        (a)     that the parties to a proceeding should be made aware of all relevant matters;

        (b)     any reason why the disclosure of the information or matter is not in the public interest that is stated in the non-disclosure certificate.

    (5)     If the tribunal decides that the information or matter should be disclosed, the tribunal must—

        (a)     give each party to the proceeding written notice of the decision; and

        (b)     make the information available or allow the part of the document stating the matter to be inspected.



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