XCFB and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered a request by an expert witness to set aside a direction requiring the production of psychological testing materials in a proceeding between XCFB and the National Disability Insurance Agency. The expert witness sought to prevent the disclosure and publication of these materials, arguing it would be against the public interest.

The Tribunal was required to determine whether to make orders under section 35(4) of the *Administrative Appeals Tribunal Act 1975* (Cth) to restrict the disclosure of the psychological testing materials. This involved balancing the general principle that evidence should be made available to the public and to all parties against concerns regarding the sensitive nature of the materials, potential breaches of copyright, and the public interest.

In its reasoning, the Tribunal acknowledged the principle of open justice but also recognised the need to protect sensitive personal information and intellectual property rights. It applied these considerations to limit disclosure. The Tribunal ordered that the psychological testing materials be disclosed only to any psychologist or psychiatrist engaged to give evidence in the proceeding and to the relevant decision-makers. Furthermore, the Tribunal restricted the future publication of the information contained within these materials, directing that it be included only in a confidential annexure to the Tribunal’s Reasons for Decision.