Commonwealth Numbered Acts

Archives Act 1983 No. 79 of 1983 - SECT 44

44. (1) Subject to this section, in proceedings under this Division, the
Tribunal has, in addition to any other power, the power to review any decision
of the Archives upon an application for access to a record and to decide any
matter in relation to that application that, under this Act, could have been
or could be decided by the Archives, and any decision of the Tribunal under
this section has the same effect as a decision of the Archives.

(2) Where an applicant makes an application under section 43 in respect of a
decision of the kind referred to in paragraph (1) (d) of that section, the
Tribunal has power to grant access to the record to which the application
relates, or to grant access to that record on particular conditions,
notwithstanding any determination made by the Director-General under section
37 in relation to that record.

(3) Where, in proceedings before the Tribunal in pursuance of an application
under section 43, it is established that a record is an exempt record, the
Tribunal does not, except as provided by sub-section (5), have power to decide
that access is to be granted to the record.

(4) Where there is in force in respect of a record a certificate under section
34, the powers of the Tribunal do not extend to reviewing the decision to give
the certificate but the Tribunal, constituted in accordance with section 46,
may determine such question in relation to that certificate as is provided for
in whichever of sub-sections (5) and (6) applies in relation to that
certificate.

(5) Where application is or has been made to the Tribunal for the review of a
decision refusing to grant access to a record in accordance with an
application under section 40, being a record that is claimed to be an exempt
record under paragraph 33 (1) (a) or (b) and in respect of which a certificate
is in force under sub-section 34 (1), the Tribunal shall, if the applicant so
requests, determine the question whether there exist reasonable grounds for
that claim.

(6) Where application is or has been made to the Tribunal for the review of a
decision refusing to grant access to a record in accordance with an
application under section 40, being a record in respect of which a certificate
is in force under sub-section 34 (3), the Tribunal shall, if the applicant so
requests, determine the question whether there exist reasonable grounds for
the claim that information as to the existence or non-existence of the record
would, if contained in another record, cause that other record to be an exempt
record for the reason that it would contain information or matter of a kind
referred to in paragraph 33 (1) (a) or (b).

(7) On a review in pursuance of an application to the Tribunal under section
43, the Tribunal may, if it is satisfied that it would be practicable to give
access to, or to a copy of, part of an exempt record in a form that would not
disclose information or matter by reason of which the record is an exempt
record, direct that access be given accordingly.