Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a) a
party appeals under section 105 from a decision of the Tribunal; or
(b) a
question is referred under section 59(10)(b) to the Supreme Court for
decision.
(2) In this section
—
party means a party in the proceeding of the
Tribunal in respect of which the appeal was instituted or the reference was
made.
(3) The executive
officer is to give the Supreme Court —
(a) all
documents and other material that were before the Tribunal in connection with
the proceeding to which the appeal or reference relates; and
(b) any
other documents and other material in the Tribunal’s possession that the
Tribunal is required by rules of the Supreme Court to send to the Court.
(4) The Supreme Court
is to return the documents and material to the Tribunal at the conclusion of
the proceeding before the Supreme Court in relation to the appeal or
reference.
(5) If the Supreme
Court considers that any of the documents is protected matter or contains
protected matter, the Supreme Court is to ensure that the protected matter is
not disclosed in any way other than to —
(a) a
member of the Court as constituted for the purposes of the proceeding; or
(b) a
person to whom disclosure is allowed under subsection (6).
(6) The Supreme Court
may permit a party, or a representative of a party, to inspect a document to
which a certificate under section 159(2) applies, other than a document that
the Supreme Court considers to be an exempt document, to the extent necessary
to disclose anything it contains if —
(a) the
certificate does not specify as a reason for non-disclosure a reason mentioned
in section 159(3)(a), (b) or (d); and
(b) a
question for decision by the Supreme Court is whether that thing should be
disclosed to some or all of the parties.
(7) This section does
not prevent a disclosure to an officer of the Supreme Court for the purpose of
the performance of duties as an officer of the Court.