Document ID: chunk:federal_register_of_legislation:F2024N01028:clause:1_41
Version: federal_register_of_legislation:F2024N01028
Segment Type: clause
Provision Reference: sch 1 cl 41
Character Range: 36833–38196

41  Directions for confidentiality of information before the Tribunal
 (1) The CEO or Tribunal member (as relevant) may, on application by a party to the dispute, give directions prohibiting or restricting the publication or other disclosure of information that relates to a dispute and is any of the following:
 (a) information that comprises evidence or information about evidence;
 (b) information lodged with or otherwise given to the Tribunal.
 (2) The CEO or Tribunal member (as relevant) may, on their own initiative or on application by a party to the dispute, give directions prohibiting or restricting the publication or other disclosure of information:
 (a) tending to reveal the identity of a witness in a proceeding before the Tribunal; or
 (b) information otherwise concerning a person referred to in paragraph (a).
 (3) The CEO or Tribunal member (as relevant) may give such directions, irrespective of whether the arbitration of the dispute is to be held in public.
         Note: Irrespective of whether an order is made, parties to a dispute may be subject to implied obligations of confidentiality. For example, where a party to a dispute has been compelled to disclose information or documents for the purposes of the dispute, the other parties to the dispute can only use that information or those documents for the purposes of the dispute.