Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section has effect notwithstanding anything in the ACT Civil and Administrative Tribunal Act 2008 .
(2) At the hearing of a proceeding referred to in section 64, the ACAT—
(a) shall hold in private the hearing of any part of the proceeding during which evidence or information is given, or a document is produced, to the ACAT by—
(i) an agency or an officer of an agency; or
(ii) a Minister or a member of the staff of a Minister; or
(iii) a person holding or performing the duties of an office identified in regulations made for section 6, or a member, officer or member of the staff of a body so identified;
or during which a submission is made to the ACAT by or on behalf of an agency or Minister, being a submission in relation to a claim—
(iv) in the case of a document in respect of which a certificate under section 37A (2) is in force—that the document is an exempt document; or
(v) in a case where a certificate under section 37A (4) is in force—that information as to the existence or non-existence of a document as described in a request would, if contained in a document of an agency, cause that document to be an exempt document under section 37A; and
(b) subject to subsection (4), shall hold the hearing of any other part of the proceeding in public.
(3) Where the hearing of any part of a proceeding is held in private in accordance with subsection (2), the ACAT—
(a) may, by order, give directions as to the persons who may be present at that hearing; and
(b) shall give directions prohibiting the publication of—
(i) any evidence or information given to the ACAT; and
(ii) the contents of any documents lodged with, or received in evidence by, the ACAT; and
(iii) any submission made to the ACAT;
at that hearing.
(4) Where, in relation to a proceeding referred to in section 64, the ACAT is satisfied that it is desirable to do so because of the confidential nature of any evidence, information or matter or for any other reason, the ACAT may, by order—
(a) direct that the hearing of a part of the proceeding that, but for this subsection, would be held in public shall take place in private and give directions as to the persons who may be present at that hearing;
(b) give directions prohibiting or restricting the publication of—
(i) the contents of any document lodged with the ACAT in relation to the proceeding; or
(ii) any evidence or information given to the ACAT, the contents of any document received in evidence by the ACAT, or any submission made to the ACAT, in relation to the proceeding otherwise than at a hearing held in private in accordance with subsection (2); or
(c) give directions prohibiting or restricting the disclosure to some or all of the parties to the proceeding of evidence given before the ACAT, or the contents of a document lodged with, or received in evidence by, the ACAT in relation to the proceeding.
(5) A direction given by the ACAT under subsection (3) (b) or (4) (b) does not prevent a person referred to in subsection (2) (a) (i), (ii) or (iii) from disclosing, in the course of the performance of his or her duties, any matter to any other person.