New South Wales Consolidated Acts

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 66

66 Effect of Government Information (Public Access) Act 2009

(1) General rule Except as provided by this section, nothing in this Act requires or authorises any person or body to disclose information to another person or body if there is an overriding public interest against the disclosure of the information under the Government Information (Public Access) Act 2009 .

(2) Disclosure to person or body other than Tribunal The provisions of the Government Information (Public Access) Act 2009 continue to apply to the disclosure of information to any person or body other than to the Tribunal as if this Act had not been enacted.

(3) Disclosure to Tribunal If a provision of this Act requires or authorises any person or body to disclose information to the Tribunal in relation to any proceedings before it and there is an overriding public interest against the disclosure of the information under the Government Information (Public Access) Act 2009 --

(a) the Government Information (Public Access) Act 2009 does not prevent the disclosure of the information to the Tribunal, and

(b) the Tribunal is to do all things necessary to ensure that the information is not disclosed to any person other than a member of the Tribunal as constituted for the purpose of the proceedings unless the person or body disclosing the information to the Tribunal consents to the further disclosure.

(4) Certificates by Secretary or General Counsel of the Cabinet Office concerning Cabinet information The Secretary or General Counsel of the Cabinet Office may certify that information is Cabinet information. Any such certificate--

(a) is conclusive of that fact, and

(b) authorises any person who would otherwise be required under this Act to lodge a document containing that information with (or disclose the information to) the Tribunal to refuse to lodge the document with (or disclose the information to) the Tribunal.

(5) Definitions In this section--

"Cabinet information" means information that is Cabinet information under the Government Information (Public Access) Act 2009 .

"disclose" has the same meaning as in the Government Information (Public Access) Act 2009 .