Pierre and Secretary, Department of Social Services (Social services second review)

This matter concerned an application for a confidentiality order made by the applicant, Pierre, in proceedings before the Social Services and Child Support Appeals Tribunal. The Secretary, Department of Social Services, was the respondent.

The primary legal issue before the Tribunal was whether there were sufficient grounds to make a confidentiality order in relation to the hearing of the proceedings, notwithstanding the general principle that such hearings must be conducted in public.

The Tribunal considered section 35 of the relevant Act, which mandates that hearings are to be in public unless specific exceptions apply. Section 35(5) outlines the principles the Tribunal must consider, including the desirability of public hearings and public access to evidence and documents. While the Tribunal must consider reasons favouring a direction for confidentiality, including the confidential nature of information, the applicant failed to satisfy the Tribunal that his status as a private person constituted a satisfactory basis for departing from the usual public hearing practice. The applicant did not provide an explanation regarding the confidential nature of the information, nor did he demonstrate evidence of injustice, serious disadvantage, harm, or that withholding an order would be contrary to the public interest. The Tribunal noted that the issue of confidentiality could be revisited if sensitive information emerged during the substantive hearing.