Document ID: chunk:federal_register_of_legislation:C2021A00044:clause:2_36k:p1
Version: federal_register_of_legislation:C2021A00044
Segment Type: clause
Provision Reference: sch 2 cl 36K (pt 1/3)
Character Range: 25975–28653

36K  Procedure for review
 (1) If an application for a review of an adverse criminal intelligence assessment is made to the Tribunal, the Tribunal is to review the assessment in accordance with this section.

Parties
 (2) Despite section 30 of the AAT Act, the parties to the proceeding are the CEO and the applicant, but the Commonwealth agency to which the assessment was given under subsection 36C(1) is entitled to adduce evidence and make submissions.

CEO must present all relevant information used to make assessment
 (3) In adducing evidence or making submissions, it is the duty of the CEO to present to the Tribunal all relevant information (whether favourable or unfavourable to the applicant) that:
 (a) was used to make the assessment; and
 (b) is available to the CEO.

Member may require parties to attend etc.
 (4) A member who is to participate, or who is participating, in the hearing may, at any time, require either or both of the parties to attend or be represented before the member at a directions hearing for the purpose of conferring with the member concerning the conduct of the review with a view to identifying the matters in issue or otherwise facilitating the conduct of the proceedings.

Proceedings to be in private
 (5) Despite section 35 of the AAT Act, the proceedings are to be in private and, subject to this section, the Tribunal is to determine the people who may be present at any time.

Right of parties etc. to be present
 (6) Subject to subsection (9), the applicant and a person representing the applicant may be present when the Tribunal is hearing submissions made or evidence adduced by the CEO or the Commonwealth agency to which the assessment was given under subsection 36C(1).
 (7) The CEO or a person representing the CEO, and a person representing the Commonwealth agency to which the assessment was given under subsection 36C(1), may be present when the Tribunal is hearing submissions made or evidence adduced by the applicant.

Certificate regarding prejudice to law enforcement interests or security
 (8) The Minister may, in writing, certify that evidence proposed to be adduced or a submission proposed to be made by or on behalf of the CEO or the Commonwealth agency to which the assessment was given under subsection 36C(1) is of such a nature that the disclosure of the evidence or submission would be contrary to the public interest because it would prejudice law enforcement interests or security.
 (9) If such a certificate is made:
 (a) the applicant must not be present when the evidence is adduced or the submission is made; and
 (b) a person representing the applicant must not be present when the evidence is