Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 54

Crown privilege

54. Crown privilege



(1) The Attorney-General may certify in writing that the disclosure of
information about a specified matter, or the disclosure of any matter
contained in a document, would be contrary to the public interest for a reason
specified in the certificate that could form the basis for a claim by the
State in a proceeding in the Supreme Court that the information or matter
should not be disclosed.



(2) The Tribunal must ensure that-

   (a)  subject to subsection (3), information or a document to which a
        certificate under subsection (1) applies that is lodged with or
        produced or given to the Tribunal in a proceeding for review of a
        decision is not disclosed to any person other than a member of the
        Tribunal as constituted for the purposes of the proceeding in which it
        was lodged, produced or given; and

   (b)  a document to which a certificate under subsection (1) applies that is
        lodged with or produced or given to the Tribunal in a proceeding for
        review of a decision is returned to the person by whom it was lodged,
        produced or given when no longer required by the Tribunal.

(3) The Tribunal, with the consent of the President, may allow a party, or a
representative of a party, to have access to, or inspect, information or a
document to which a certificate under subsection (1) applies, on any
conditions the Tribunal thinks fit.