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Procedure & Costs
Confidential and Comcare [2008] AATA 765 (31 July2008, Date of Written Decision: 29 August 2008)Sydney
This hearing concerned an application made fo rcompensation in respect of an orthopaedic injury, whichthe applicant claimed was suffered in the course of heremployment. In July 2008, the respondent applied for anorder under section 35(2) of the Administrative Appeals Tribunal Act 1975 (Cth), and tendered certain draft directions covering, broadly, four matters. First, that the hearing should be in private. The second is that the documents and other evidence should be stored and handled securely in accordance with approved matters. Third, that after the hearing, the documents should be returned to the Australian Government Solicitor for destruction, and fourthly, that no mobile phones, recorders, or similar devices be permitted in the hearing room in the course of the hearing.
The solicitor for the respondent acknowledged that there was no direct authority on the proper approach in such a matter, but referred to R v Lodhi (2006) NSWSC 596 (‘Lodhi’), which set out four relevant considerations. First was the need to protect against the unwitting disclosure of national security information by an Australian Security Intelligence Organisation (ASIO) agent in the course of his or her evidence. Second, the need to protect the identity of former and serving ASIO personnel being critical to ASIO’s ability to perform its functions effectively. The third matter was the possible personal danger those ASIO personnel might face, along with their families and property, if they were to be identified, and fourthly, the risk that if the identity of ASIO personnel were to be revealed, they could become targets for persons and organisations interested in carrying out espionage and personally or politically motivated violence.
The tribunal was satisfied that, for the kinds of reasons set out in Lodhi, the evidence or proceedings could involve matters of a confidential nature, which it could be detrimental to disclose for a variety of reasons. However, the matter considered in the present hearing was not a criminal case, and therefore did not raise greater considerations of public entitlement to information.
The tribunal made directions to grant the confidentiality order as set out in the draft tendered by the respondent.
Notice Provisions & Time Limits
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Incapacity
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Permanent Impairment
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Rehabilitation
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Aids & Appliances
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Medical Expenses
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