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Former HIH director’s referees confidential

The Administrative Appeals Tribunal (AAT) has agreed to suppress the identities of the lawyers and members of the insurance industry who gave character evidence about former HIH Insurance director Bob Stitt.

Last month the tribunal said the “cogent, consistent and uncontradicted” character evidence was an “important consideration” in deciding to overturn the Australian Prudential Regulation Authority’s disqualification of Mr Stitt, a prominent QC, from being a director or senior manager of a general insurer.

A tribunal spokesman told insuranceNEWS.com.au the confidentiality order made last week extends to the names of the referees and restricts the publication of transcripts of evidence, oral submissions, the publication of the evidence, and affidavits.

“The order was made on the basis that the AAT was satisfied that it was desirable to do so by reason of the confidential nature of the evidence,” he said.

While the AAT Act stipulates that evidence given to the tribunal be made public, the competing Insurance Act dictates that appeals proceedings are heard in private. So although the decision is a public document, the material before the tribunal is private.