Kalis v Kingborough Council

[2014] TASFC 2

Tasmania Full Court

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For Australian Law.

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Interrogate

Catchwords

1. Environment and Planning
2. › Courts and tribunals with an environment jurisdiction
3. › Tasmania
4. › Resource Management and Planning Appeal Tribunal
5. › Powers and duties on appeal
6. › Summons for production of documents
7. › Whether confidentiality regulations prevent Tribunal from issuing summons for minutes of closed council meeting
8. › Resource Management and Planning Appeal Tribunal Act 1993 (Tas), s 20(2)
9. › Local Government (Meeting Procedures) Regulations 2005 (Tas), regs 15(9), 34(3)
1. Local Government
2. › Regulation and administration
3. › Meetings
4. › Minutes
5. › Closed meeting
6. › Regulation requiring minutes to be kept confidential
7. › Whether confidentiality provision confers immunity from summons or subpoena
8. › Local Government (Meeting Procedures) Regulations 2005 (Tas), regs 15(9), 34(3)
1. Statutory Interpretation
2. › Subordinate legislation
3. › Confidentiality provisions
4. › Degree of confidentiality required
5. › Whether general confidentiality provision prevents production to court or tribunal
6. › Whether confidentiality intended to be absolute or limited to preventing general public access

Quick Take

Confidentiality provisions in the Local Government (Meeting Procedures) Regulations 2005 (Tas) requiring minutes of closed council meetings to be kept confidential do not confer immunity from summonses issued by the Resource Management and Planning Appeal Tribunal under s 20(2) of the RMPAT Act. More broadly, general legislative confidentiality provisions should not be interpreted as requiring documents to be kept confidential from quasi-judicial statutory tribunals with fact-finding roles any more than from courts.