Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 58B

             (1)  If an application is made to the Tribunal for the review of a decision refusing to grant access to a document in accordance with a request, being a document that is claimed to be an exempt document under section 33 or 34, then the Tribunal must be constituted in accordance with subsection (2) for the purposes of any proceeding in relation to the application.

             (2)  For the purposes of a proceeding referred to in subsection (1), the Tribunal shall be constituted by:

                     (a)  3 presidential members; or

                     (b)  a presidential member alone.

             (3)  In its application to a proceeding referred to in subsection (1), section 21A of the Administrative Appeals Tribunal Act 1975 applies as if:

                     (a)  subsection (1) of that section were omitted and the following subsection substituted:

                           "(1)  At any time during the hearing of a proceeding before the Tribunal constituted in accordance with subsection 58B(2) of the Freedom of Information Act 1982 by a presidential member alone, a party to the proceeding may make an application to the Tribunal as constituted for the purposes of that proceeding requesting that the Tribunal be reconstituted for the purposes of that proceeding."; and

                     (b)  subsection (3) of that section were omitted and the following subsection substituted:

                           "(3)  The President may, after taking the submissions into account, if he or she considers that the matters to which the proceeding relates are of such public importance as to justify him or her in so doing, give a direction varying the constitution of the Tribunal for the purposes of that proceeding so that the Tribunal is constituted by 3 presidential members.".

             (4)  In its application to a proceeding referred to in subsection (1), section 22 of the Administrative Appeals Tribunal Act 1975 applies as if there were inserted after paragraph (1)(aa) of that section the following paragraphs:

                  "(ab)  if the Tribunal is constituted by presidential members of whom at least 2 are Judges and none of whom is the President--the senior Judge shall preside;

                    (ac)  if the Tribunal is constituted by presidential members none of whom is a Judge--one of those presidential members who is directed by the President to do so shall preside;".