Section 378 — Migration Act 1958 (Cth)

(1) An entrusted person must not be required to produce or disclose a protected document, or protected information, to a parliament if:

(a) the document or information relates to a reviewable protection decision; and

(b) the production or disclosure is not necessary for the purposes of carrying into effect the provisions of the ART Act or another enactment conferring powers on the ART.

(2) Subsection (1) applies despite subsection 274(1) of the ART Act.

(3) In this section:

entrusted person has the same meaning as in the ART Act.

parliament means:

(a) a House of the Parliament of the Commonwealth, of a State or of a Territory; or

(b) a committee of a House or the Houses of the Parliament of the Commonwealth, of a State or of a Territory.

protected document has the same meaning as in the ART Act.

protected information has the same meaning as in the ART Act.

Related sections

• s 375 — Restrictions on disclosure of certain information etc.
• s 375A — Certain information only to be disclosed to ART
• s 376 — ART’s discretion in relation to disclosure of certain information etc.
• s 379AA — Giving documents by ART where no requirement to do so by specified method
• s 379A — Methods by which ART gives documents to a person
• s 379C — When a person other than the Secretary is taken to have received a document from the ART

Research how courts apply s 378

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.