sec.40Prohibition on disclosure for a review

sec.40 Prohibition on disclosure for a review

The review commissioner conducting, or who conducted, a review of a reviewable decision may, by order, prohibit a person from disclosing stated oral, written or other matter— if the review has not ended—that has been given, or is later given, to the review commissioner for the review; or if the review has ended—that was given to the review commissioner for the review. oral or written submissions oral or written statements by the parties as to facts in issue stated photographs or other material a named or otherwise described document a stated document, or class of documents, that exists or may come into existence However, an order may be made under subsection (1) only against either or both of the following persons— each person who was or is— a party to the review and is named in the order; or a party to the review; each person (who has not been or is not a party to the review) who is or becomes aware of the terms of the order. The review commissioner may make an order under subsection (1) only if the review commissioner considers on reasonable grounds the disclosure would be— unfair to a person; or contrary to the public interest. The order must state that the order does not apply to— disclosure to a lawyer, or other person, for the purpose of a person to whom the order applies obtaining legal services (whether or not in relation to the review) from an Australian or an overseas lawyer; or disclosure authorised or required under an Act. The order may be changed or revoked— if the review has not ended—by the review commissioner before the review ends; or by any review commissioner after the review ends. The order, change or revocation may be made or done orally or in writing, but if it is made or done orally, must be confirmed in writing as soon as practicable after the order, change or revocation is made. (sec.40-ssec.1) The review commissioner conducting, or who conducted, a review of a reviewable decision may, by order, prohibit a person from disclosing stated oral, written or other matter— if the review has not ended—that has been given, or is later given, to the review commissioner for the review; or if the review has ended—that was given to the review commissioner for the review. oral or written submissions oral or written statements by the parties as to facts in issue stated photographs or other material a named or otherwise described document a stated document, or class of documents, that exists or may come into existence (sec.40-ssec.2) However, an order may be made under subsection (1) only against either or both of the following persons— each person who was or is— a party to the review and is named in the order; or a party to the review; each person (who has not been or is not a party to the review) who is or becomes aware of the terms of the order. (sec.40-ssec.3) The review commissioner may make an order under subsection (1) only if the review commissioner considers on reasonable grounds the disclosure would be— unfair to a person; or contrary to the public interest. (sec.40-ssec.4) The order must state that the order does not apply to— disclosure to a lawyer, or other person, for the purpose of a person to whom the order applies obtaining legal services (whether or not in relation to the review) from an Australian or an overseas lawyer; or disclosure authorised or required under an Act. (sec.40-ssec.5) The order may be changed or revoked— if the review has not ended—by the review commissioner before the review ends; or by any review commissioner after the review ends. (sec.40-ssec.6) The order, change or revocation may be made or done orally or in writing, but if it is made or done orally, must be confirmed in writing as soon as practicable after the order, change or revocation is made.