Document ID: chunk:federal_register_of_legislation:C2023A00033:clause:1_39c:p1
Version: federal_register_of_legislation:C2023A00033
Segment Type: clause
Provision Reference: sch 1 cl 39C (pt 1/2)
Character Range: 71060–73998

39C  Review of security clearance decisions and security clearance suitability assessments—consideration and disclosure of certain documents and information
 (1) This section applies to a proceeding in the Security Division for a review of a security clearance decision or a security clearance suitability assessment in respect of the Commonwealth's highest level of security clearance.

Application of standard relating to highest security clearance
 (2) If the Director‑General of Security presents to the Tribunal a certified copy of a standard (or part thereof) under subsection 39BA(4):
 (a) if the Director‑General has presented one certified copy of a standard (or part thereof)—the Tribunal must apply the standard (or part thereof) in its review of the decision or suitability assessment; or
 (b) if the Director‑General has presented more than one certified copy of a standard (or part thereof)—the Tribunal must, in its review of the decision or suitability assessment, apply the standard (or part thereof) certified by the Director‑General as being a current standard.

Disclosure of documents or information
 (3) The Tribunal must, subject to this section and section 46, do all things necessary to ensure that a copy of any standard (or part thereof) presented to the Tribunal under subsection 39BA(4), or any information contained in it, is not disclosed to the applicant or any person other than:
 (a) a member of the Tribunal as constituted for the purposes of the proceeding; or
 (b) the Director‑General of Security or the Director‑General's representative.
 (4) Subsection (5) applies if the Tribunal is provided with a document containing information (the sensitive information) certified in writing by the Director‑General of Security as being information that, in the opinion of the Director General or a person authorised by the Director‑General under subsection (9):
 (a) would be contrary to the public interest:
 (i) because it would prejudice security, the defence of the Commonwealth or the conduct of the Commonwealth's international affairs; or
 (ii) because it would reveal information that has been disclosed to the Australian Security Intelligence Organisation in confidence; or
 (iii) for a reason that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the information should not be disclosed; or
 (b) could reveal the methodology underlying a psychological assessment of the applicant.
 (5) The Tribunal must, subject to this section and section 46, do all things necessary to ensure that the sensitive information provided to the Tribunal is not disclosed to the applicant or any person other than:
 (a) a member of the Tribunal as constituted for the purposes of the proceeding; or
 (b) the Director‑General of Security or the Director‑General's representative.
 (6) However, subsections (3) and (5) do not apply in relation to disclosure to the