# Applicant entitled to have access to written material before Tribunal

> act-s362A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

362A Applicant entitled to have access to written material before
         Tribunal
          (1) An applicant may request that the Department provide access to
              any written material given or produced to the ART by the
              Department for the purposes of the review.
        (1A) If the applicant makes a request under subsection (1), the
             Department must provide the applicant with access to the material
             (which may be by way of access to a copy of the material).
        (1B) However, the Department does not need to provide the applicant
             with access to material to which the following apply:
              (a) section 375A (certain information only to be disclosed to
                   ART);
              (b) section 376 (ART’s discretion in relation to disclosure of
                   certain information etc.).








               Interaction with the Privacy Act 1988
          (2) This section does not override any requirements of the Privacy Act
              1988. In particular, this section is not to be taken, for the purposes
              of that Act, to require or authorise the disclosure of information.

               No access if the ART has given decision notice
          (3) This section does not apply if the ART has given the applicant a
              copy of the statement required by subsection 368(1).