Section 109 — Privacy Act 2020: Proceedings involving access to personal information

109 Proceedings involving access to personal information (1) This section applies if— (a) proceedings are commenced in the Tribunal under section 97 or 98 in respect of a complaint about a decision made by an agency under subpart 1 of Part 4 to refuse access to personal information; or (b) an appeal is lodged in the Tribunal under section 105 against an access direction directing an agency to provide access to personal information. (2) During the proceedings the Tribunal may, for the purpose of determining whether the agency may properly refuse access to personal information, do either or both of the following: (a) require the agency to produce the personal information to the members of the Tribunal, but to no other person: (b) allow the agency to give evidence and make submissions in the absence of— (i) other parties; and (ii) all lawyers (if any) representing those other parties; and (iii) all members of the public. (3) However, the Tribunal may only exercise the powers in subsection (2) if it is necessary to do so to avoid compromising the matters that the agency considers justify refusing access to the personal information.