Section 92 — Administrative Review Tribunal Act 2024: Attorney-General may intervene for public interest reasons

Attorney-General may intervene (1) If a person is asked a question in the course of giving evidence at the hearing of a proceeding in the Tribunal: (a) the Attorney-General of the Commonwealth may inform the Tribunal that, in the opinion of the Attorney-General, the answering of the question would be contrary to the public interest for a reason mentioned in subsection 91(1); or (b) the Attorney-General of a State, the Australian Capital Territory or the Northern Territory may inform the Tribunal that, in the opinion of the Attorney-General, the answering of the question would be contrary to the public interest for a reason mentioned in subsection 91(2). General rule (2) If an Attorney-General so informs the Tribunal, the person is excused from answering the question. Exceptions (3) However, the person must answer the question if: (a) for a reason covered by paragraph 91(1)(c) or (2)(b)—the Tribunal decides that the answering of the question would not be contrary to the public interest; or (b) in any case—the Federal Court, on an appeal under section 172 or a reference under section 185, decides that answering the question would not be contrary to the public interest. (4) For the purposes of making a decision under paragraph (3)(a), the Tribunal must be constituted: (a) as if the making of the decision were a separate proceeding; and (b) by a member who is, or by members at least one of whom is, a Judge or a Deputy President.