Form 12 - Application for confidentiality order - Application process

1. What is a confidentiality order?

A confidentiality order allows the Tribunal to withhold from an active party or other person a document, part of a document or other information that is before the Tribunal.

A confidentiality order may only be made if the Tribunal is satisfied that such an order is necessary to avoid serious harm or injustice to a person.

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2. What happens if a confidentiality order is made before the hearing?

If a confidentiality order is made before the hearing, it will be vacated (cancelled) at the start of the hearing.  The Tribunal member conducting the hearing will decide whether a confidentiality order should be made. When considering whether to make a confidentiality order, the Tribunal must take into consideration the principles of natural justice and procedural fairness. The Tribunal member will do so based on the evidence and submissions before the Tribunal.  That may include written evidence and submissions but also the oral information provided at the hearing by those with standing to be heard in relation to the making of any such order.

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3. Complete and lodge this form:

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