MOU with the Administrative Appeals Tribunal

Commencement date: 1 May 2023

Memorandum of Understanding

Agreement for the use of AAT premises and facilities between Office of the Australian Information Commissioner (OAIC) and Administrative Appeals Tribunal (AAT).

The OAIC wish to use AAT premises and facilities on Level 4, 83 Clarence Street, Sydney for the purpose of conducting examinations. These premises and facilities on Level 4 include nominated General Division Racetrack Hearing Room(s) and associated bathroom facilities.

The purpose of this Memorandum of Understanding (MOU) is to set out the arrangements between the AAT and the OAIC by which the OAIC will conduct examinations and the AAT will provide access to and use of its premises and facilities for the purpose of those examinations.

The parties recognise that this is a 'no fee arrangement'. This MOU does not oblige the OAIC to pay the AAT for access or use of its premises and facilities.

The parties agree that this MOU is neither able nor intended to create legal obligations between them and that its sole purpose is to set out the basis upon which the AAT will provide access to and use of its premises and facilities to the OAIC for the conduct of the OAIC's examinations.

Following discussions, the AAT has agreed to allow the OAIC access and use of these premises and facilities in accordance with the below:

• OAIC will conduct examinations for the period commencing 1 May 2023 and ending 30 June 2023. Specific days will be nominated by the Sydney District Registrar.
• These premises and facilities on Level 4 include nominated General Division Hearing Room(s) and associated bathroom facilities only. This MOU does not extend to the use of meeting or conference rooms.
• The AAT will not provide administrative or technological assistance for the conduct of the examinations.
• The OAIC is responsible for providing its own recording devices, transcription services, Wi-Fi, computers and other electronic devices and video-conferencing equipment.
• If required, the OAIC is responsible for organising additional security for the examination and paying the associated costs.
• The OAIC will bear responsibility for ensuring attendees proceed to the designated hearing room and be mindful of the fact that other hearings will be underway and noise will need to be kept to a minimum entering and exiting the premises.
• The OAIC indemnifies the AAT against damage to building or contents and theft of any property, to the extent caused by a wilful or negligent act or omission of the OAIC's employees and agents. The OAIC’s liability to indemnify the AAT will be reduced to the extent that such damage is caused or contributed to by any wilful or negligent act or omission of the AAT or its employees or agents.
• The parties acknowledge that they are subject to certain legislative obligations and restrictions, including any relevant secrecy provisions under Commonwealth legislation, and both agencies must conduct themselves under this MOU in accordance with those legislative obligations and restrictions.
• Neither party will, without the prior written approval of the other party, make public or disclose to any other person any confidential information of the other party, being information that:
  • is designated by the other party as confidential; or
  • the party knows or could reasonably be expected to know is confidential.
• Either party may publish this MOU on their websites or release this MOU in response to request from parliamentary committees or under the Freedom of Information Act 1982 (Cth).
• The OAIC acknowledges that the AAT can cancel, change or vary a booking 48 hours prior to a booking for the use of any hearing room and related facilities.
• OAIC acknowledges that this MOU commences on the 1 May 2023 and ends on the 30 June 2023 unless both parties agree to extend. This MOU can only be varied if agreed in writing by both parties.
• The nominated contact person and address for the service of notices under this MOU is as follows:
  
  OAIC:
  Contact person:  Rob Ghali, Assistant Commissioner, Major Investigations
  Email address:   Rob.Ghali@oaic.gov.au
  
  AAT:
  Contact person:  Louie Dassios, Assistant Director Business Support
  Email address:   louie.dassios@aat.gov.au

Signature of accountable authority/delegate:

Rob Ghali
Assistant Commissioner, Major Investigations

[Signature]
Date: 2 May 2023

Tim Crehan
Administration Appeals Tribunal

[Signature]
Date: 2 May 2023