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261: No disqualification by reason of security briefing
or “Security briefings don't disqualify judges or Tribunal members from hearing classified cases”

You could also call this:

“Limits on challenging decisions involving classified information”

You can’t appeal or ask for a review about how classified information is used in this Act, except in ways the Act specifically allows.

To be clear, you can’t appeal or ask for a review about:

  • When the Minister decides that classified information can be used to make a decision under this Act.
  • The way a summary of classified information is written or what it says.
  • The way information is provided or what it says in certain parts of the Act.
  • How the head of a relevant government agency presents information.
  • How a summary is developed, provided, and approved, including any changes made to it.
  • A decision to take away, update, or add to classified information.

If your case involves classified information and is being looked at by the Tribunal, you can’t appeal under section 245 until the Tribunal has made final decisions on everything in your case.

You also can’t ask for a review of any appeal or matter that the Tribunal is looking at (which involves classified information) until the Tribunal has made final decisions on everything in that appeal or matter.

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Next up: 263: Role of special advocates

or “Special advocates represent you in cases involving classified information”

Part 7 Appeals, reviews, and other proceedings
General provisions relating to proceedings involving classified information

262Restriction on appeal and review

  1. No appeal or review proceedings may be brought in respect of the use of classified information for the purposes of this Act except as provided for in this Act.

  2. To avoid doubt and without limiting subsection (1) or section 249, no appeal lies and no review proceedings may be brought in respect of—

  3. a determination of the Minister under section 33 that classified information may be relied on in making a decision under this Act:
    1. the form or content of a summary prepared and provided under section 38 (including any updated summary):
      1. the form or content of information provided under section 39:
        1. the form or content of a presentation made by the chief executive of a relevant agency under section 241:
          1. the form or content of a summary developed, provided, and approved under section 242 or 256 (including any updated summary), including the decision whether to modify, and the nature of any modifications to, the summary:
            1. a decision to withdraw, update, or add to classified information.
              1. No appeal under section 245 may be brought in relation to any proceedings involving classified information that are before the Tribunal unless the Tribunal has issued final determinations on all matters subject to the proceedings.

              2. No review proceedings may be brought in relation to any appeal or matter before the Tribunal to which subsection (3) or sections 240 to 244 apply unless the Tribunal has issued final determinations on all matters subject to the appeal or matter.