FREEDOM OF INFORMATION ACT 1982 - SECT 67 Automatic stay of certain decisions on appeal
FREEDOM OF INFORMATION ACT 1982 - SECT 67
Automatic stay of certain decisions on appeal(a) a person applies, under section 57A, to the Tribunal for review in relation to a decision by an agency or Minister refusing to grant access to a document in accordance with a request, being a document that is claimed to be an exempt document; and
(b) the Tribunal decides that a person may have access to the document; and
(c) the agency or the Minister institutes an appeal to the Federal Court of Australia from the decision of the Tribunal.
(2) If this section applies to a decision of the Tribunal, the operation of the decision is stayed by force of this section from the time at which the appeal is instituted.
(3) If the agency or the Minister appeals to the Federal Court of Australia from the decision of the Tribunal and the appeal in relation to the decision is determined by the Federal Court of Australia, the stay continues to have effect until the earlier of:
(a) the time at which the decision of the Federal Court of Australia on the appeal takes effect; and
(b) the time otherwise determined by the Federal Court of Australia.
(4) If the agency or the Minister appeals to the Federal Court of Australia from the decision of the Tribunal and the appeal in relation to the decision is determined by the Federal Circuit and Family Court of Australia (Division 2), the stay continues to have effect until the earlier of:
(a) the time at which the decision of the Federal Circuit and Family Court of Australia (Division 2) on the appeal takes effect; and
(b) the time otherwise determined by the Federal Circuit and Family Court of Australia (Division 2).
(5) Nothing in this section affects the power of the Federal
Court of Australia or the Federal Circuit and Family Court of Australia
(Division 2) to make orders under section 44A of the
Administrative Appeals Tribunal Act 1975 in relation to matters other than
staying the decision of the Tribunal.