Section 367J — Applicant to have access to written material before Tribunal
Text of provision
(1) 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.
(2) 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).
(3) However, the Department does not need to provide the applicant with access to material to which the following apply:
(a) section 375A (certain information only to be disclosed to ART);
(b) section 376 (ART’s discretion in relation to disclosure of certain information etc.). Interaction with the Privacy Act 1988
(4) 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
(5) This section does not apply if the ART has given the applicant a copy of the statement required by subsection 368(1).
Plain English
An applicant in a paper review may request that the Department provide access to any written material submitted to the ART for the review. The Department must comply unless the material is subject to secrecy or would be contrary to the public interest to disclose.
Practical effect
Practitioners should request this material as early as possible. Access to the Department's file material allows the practitioner to identify adverse information and prepare targeted submissions before the ART discloses it under s 367G.