Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Attorney-General v Honourable Mark Dreyfus [2016] FCAFC 119 Appeal from: Mark Dreyfus v Attorney-General (Commonwealth of Australia) [2015] AATA 995
File number: NSD 100 of 2016
Judges: BESANKO, ROBERTSON AND GRIFFITHS JJ
Date of judgment: 6 September 2016
Catchwords: ADMINISTRATIVE LAW – appeal on a question of law from a decision of the Administrative Appeals Tribunal – Freedom of Information request – request for access to electronic diary of the Attorney-General in a "weekly agenda" format for the period 18 September 2013 to 12 May 2014 – whether any error of law in the Tribunal concluding that the Attorney-General had not discharged his onus of establishing that the primary decision was justified or that the Tribunal should give a decision adverse to the applicant such that (i) the Tribunal was not satisfied that a practical refusal reason existed in relation to the request and (ii) the Tribunal decided that the work involved in processing the request would not substantially and unreasonably interfere with the performance of the Attorney-General's functions – Held: Appeal dismissed.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Freedom of Information Act 1982 (Cth), ss 3, 4, 11A(5), 22, 24, 24AA, 27, 27(1)(b), 27A, 27A(1)(b), 37(1)(c), 47, 47F, 47G, 47G(1), 61, 61(1)(b) Privacy Act 1988 (Cth)
Cases cited: Re Chandra and Department of Immigration and Ethnic Affairs [1984] AATA 437; 6 ALN N257 Wiseman v The Commonwealth [1989] FCA 434
Date of hearing: 12 August 2016
Registry: New South Wales
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