Registration to Work with Vulnerable People Act 2013

In this section – reviewable decision means – a refusal under section 32(1) or (2) to register a person; or the registration under section 39 of a person subject to a condition; or the refusal under section 40(5)(b) to amend the registration of a person; or the adding of a condition to, or the amendment of a condition of, the registration of a person under section 46(3)(b) or (c); or the suspension or cancellation under section 51(1) of a person's registration; or the refusal under section 31(3)(b) to extend the period of 20 working days referred to in section 30(2)(b)(ii); or the refusal under section 37 to extend the period of 20 working days referred to in section 36(2)(b)(ii).

If the Registrar, or a person acting as the delegate of the Registrar, makes a reviewable decision, a person aggrieved by that decision may apply to the Tasmanian Civil and Administrative Tribunal for a review of the decision.

The review by the Tasmanian Civil and Administrative Tribunal of a reviewable decision made under this Act is to be held in private.

However, the Tasmanian Civil and Administrative Tribunal – is to order that the review, or any part of the review, of a reviewable decision made under this Act is to be held in public or only partly in private if the Registrar requests it; and may, on its own motion or the application of the applicant for the review, order that the review, or any part of the review, of a reviewable decision made under this Act is to be held in public or only partly in private if satisfied that it is desirable to do so.

Without limiting an order under subsection (4)(a) or (b), such an order may specify the persons who may or may not be present at the review, or any part of the review, of a reviewable decision made under this Act.

The Tasmanian Civil and Administrative Tribunal – is to revoke or amend an order made under subsection (4)(a) if the Registrar requests it; and may, on its own motion or the application of the applicant for the review, revoke or amend an order made under subsection (4)(b).

In hearing and determining an application for a review made under subsection (2) and in giving its reasons for that decision, the Tasmanian Civil and Administrative Tribunal is not to disclose any information to the extent that to do so would – prejudice – the enforcement, or proper administration, of a law in a particular instance; or the fair trial of a person for an offence against a law; or the impartial adjudication of proceedings relating to an offence against a law; or disclose, or enable the person to ascertain, the existence or identity of a confidential source of information in relation to the investigation of a contravention, or possible contravention, of the law or the enforcement, or proper administration, of the law; or disclose methods or procedures for preventing, detecting or investigating, or dealing with matters arising out of, contraventions or evasions of a law, the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or endanger the life or physical, emotional or psychological safety of another person, or increase the likelihood of harassment of or discrimination against another person; or disclose information gathered, collated or created for intelligence, including but not limited to databases of criminal intelligence, forensic testing or anonymous information from the public; or hinder, delay or prejudice an on-going investigation of a contravention, or possible contravention, of a law.

In subsection (7) – law means law of the Commonwealth, a State or a Territory.

In hearing and determining an application for a review made under subsection (2) and in giving its reasons for that decision, the Tasmanian Civil and Administrative Tribunal, in order to prevent the disclosure of any information referred to in subsection (7), is to receive evidence and hear argument in the absence of the public, the applicant for the review and the applicant's representative.

Section 86A(4) of the Tasmanian Civil and Administrative Tribunal Act 2020 does not apply to a decision of the Tribunal if the Tribunal does not give reasons for the decision in order to prevent the disclosure of information referred to in subsection (7).