Applicant entitled to have access to written material before Tribunal
362A Applicant entitled to have access to written material before Tribunal
An applicant may request that the Department provide access to any written material given or produced to the ART by the Department for the purposes of the review.
If the applicant makes a request under subsection (1), the Department must provide the applicant with access to the material (which may be by way of access to a copy of the material).
However, the Department does not need to provide the applicant with access to material to which the following apply:
section 375A (certain information only to be disclosed to ART);
section 376 (ART’s discretion in relation to disclosure of certain information etc.).
Interaction with the Privacy Act 1988
This section does not override any requirements of the Privacy Act 1988. In particular, this section is not to be taken, for the purposes of that Act, to require or authorise the disclosure of information.
No access if the ART has given decision notice
This section does not apply if the ART has given the applicant a copy of the statement required by subsection 368(1).
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