Federal Court Rules 2011

The Registrar of the Tribunal must, within 21 days after being served with the notice of appeal, lodge the following with the Registry in which the notice of appeal has been filed:

a copy of the decision of the Tribunal;

if the Tribunal gave reasons in writing for its decision—a copy of the reasons;

if a transcript or notes of proceedings before the Tribunal were taken—the transcript or the notes;

a list of the documents sent to the Court under subsection 187(1) of the ART Act.

The list of documents must state the following:

the documents that were before the Tribunal;

the documents (if any) in relation to which the Tribunal has made an order under section 70 of the ART Act;

the specified information in a statement of reasons for which the Attorney‑General of the Commonwealth has given a certificate under subsection 272(1) of the ART Act;

the specified information, or the content of a specified document, for which the Attorney‑General of the Commonwealth, a State, the Australian Capital Territory or the Northen Territory, has given a certificate under subsection 91(1) or (2) of the ART Act;

whether, for any information or document mentioned in paragraph (d), an order was made by the Tribunal under subsection 91(6) of the ART Act;

the evidence or submissions, for which the responsible Minister (or a delegate) has given a certificate under subsection 158(3) of the ART Act;

the specified information, or the content of a specified document, for which the responsible Minister (or a delegate) has given a certificate under subsection 161(2) of the ART Act;

whether, for any information or document mentioned in paragraph (g), an order was made by the Tribunal under subsection 161(6) of the ART Act;

the documents (if any) for which the Director‑General of Security (or a person authorised by the Director‑General of Security) has given a certificate under subsection 159(2) of the ART Act;

whether a certificate has been issued under one of the Acts mentioned in subsection 162(1) of the ART Act.

Subsection 187(1) of the ART Act requires the Tribunal to send documents to the Court.

Section 70 of the ART Act allows the Tribunal to make orders prohibiting or restricting publication or disclosure of information relating to proceedings before the Tribunal.

Sections 91 and 272 of the ART Act provide that the Attorney‑General may issue a certificate that the disclosure of certain matters would be contrary to the public interest.

Subsection 91(6) of the ART Act provides that if an Attorney‑General issues a certificate under paragraph 91(1)(c) or (2)(b) of that Act, the Tribunal may decide to disclose the information or document to all or any of the parties to the proceeding.

Subsections 158(3) and 161(2) of the ART Act provide that the responsible Minister may issue a certificate that the disclosure of certain matters would be contrary to the public interest.

Subsection 159(2) of the ART Act provides that the Director‑General of Security may issue a certificate that the disclosure of certain matters would be contrary to the public interest or reveal the methodology underlying a psychological assessment.