ADMINISTRATIVE LAW – Freedom of Information Act 1982 (Cth) (FOI Act) – request for access to documents – appeal from the Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – Tribunal found six documents were exempt or conditionally exempt – whether the Tribunal considered each of the elements necessary to establish that disclosure would found an action for breach of confidence in accordance with the requirements of s 45(1) of the FOI Act – whether documents relating to a process which the Department and private interests agreed be confidential were conditionally exempt under s 47E(d) – whether the Tribunal misconstrued the phrase “could reasonably be expected to” in s 47E of the FOI Act – whether it was open for the Tribunal to find that there was a reasonable basis for an expectation that disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of the Department – whether the Tribunal erred by misapplying the statutory “public interest” test in s 11A(5) of the FOI Act – appeal allowed – matter remitted to Tribunal for re-hearing
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1005
For more information, see the original judgement.
