Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 61A

  (1)   The Administrative Review Tribunal Act 2024 applies to proceedings under this Part as if a reference to the decision - maker in the following provisions of that Act were a reference to the agency or Minister who made the IC reviewable decision:

  (a)   paragraph   21(2)(b) (parties and potential parties to be notified of application);

  (b)   section   23 (decision - maker must give Tribunal reasons and documents--general rule);

  (c)   subsections   28(4) and (6) (exceptions--Tribunal may adjust requirements);

  (d)   section   29 (exception--while resolving whether to restrict publication or disclosure of information);

  (e)   paragraph   31(2)(b) (decision cannot be altered outside Tribunal process);

  (f)   section   54 (Tribunal can exercise powers of decision - maker);

  (g)   subsection   56(1) (parties and their representatives to assist Tribunal);

  (h)   subsection56(2) (parties and their representatives to assist Tribunal);

  (i)   section   60 (decision - makers may elect not to participate in kind of proceeding or Tribunal case event);

  (j)   section   61 (decision - maker who elects not to participate may be made a non - participating party to proceeding or Tribunal case event);

  (k)   section   65 (certain parties may seek to withdraw from being a party);

  (l)   subsection   79(3) (Tribunal may give directions in relation to procedure for proceeding);

  (m)   section   85 (Tribunal may remit decision to decision - maker for reconsideration);

  (n)   section   105 (Tribunal decision on review of reviewable decision);

  (o)   section   108 (effect of Tribunal decision to vary or substitute a reviewable decision);

  (p)   section   126 (parties to be notified of application);

  (q)   paragraph   129(2)(b) (notice of President's decision).

  (1A)   In addition, the Administrative Review Tribunal Act 2024 applies to proceedings under this Part as if a reference to the decision - maker in section   291 (giving documents etc. to decision - maker) were a reference to the person who made the decision or an agency.

  (2)   The agency or Minister who made the IC reviewable decision is taken to have complied with the obligation under paragraph   23(a) of the Administrative Review Tribunal Act   2024 if the agency or Minister gives the Tribunal the number of copies prescribed by the regulations of the decision under section   55K in relation to which an application has been made to the Tribunal.

  (3)   Subsection   (2) does not limit section   24 or 25 of the Administrative Appeals Review Act 2024.