PART 2General Powers and Provisions
Prevention of disclosure or publication of documents and information17
1
The Tribunal may make an order prohibiting the disclosure or publication of—
a
specified documents or information relating to the proceedings; or
b
any matter likely to lead members of the public to identify any person whom the Tribunal considers should not be identified.
2
The Tribunal may give a direction prohibiting the disclosure of a document or information to a person if—
a
the Tribunal is satisfied that such disclosure would be likely to cause that person or some other person serious harm; and
b
the Tribunal is satisfied, having regard to the interests of justice, that it is proportionate to give such a direction.
3
If a party (the first party) considers that the Tribunal should give a direction under paragraph (2) prohibiting the disclosure of a document or information to another party (the second party), the first party must—
a
exclude the relevant document or information from any documents that will be provided to the second party; and
b
provide to the Tribunal the excluded document or information, and the reason for its exclusion, so that the Tribunal may decide whether the document or information should be disclosed to the second party or should be the subject of a direction under paragraph (2).
4
The Tribunal may give a direction that certain documents or information must or may be disclosed to the Tribunal on the basis that the Tribunal will not disclose such documents or information to other persons, or specified other persons.
5
A party making an application for a direction under paragraph (4) may withhold the relevant documents or information from other persons, or the specified other persons, until the Tribunal has made a decision on the application.
6
Unless the Tribunal considers that there is good reason not to do so, the Tribunal must send notice that a party has made an application for a direction under paragraph (4) to each other party.
7
In a case involving matters relating to national security, the Tribunal must ensure that information is not disclosed contrary to the interests of national security.
8
The Tribunal must conduct proceedings and record its decision and reasons appropriately so as not to undermine the effect of an order made under paragraph (1), a direction given under paragraph (2) or (4) or the duty imposed by paragraph (7).