Federal Court of Australia
Federal Court of Australia Attorney-General (Cth) v Patrick [2024] FCAFC 126 Appeal from: Patrick v Attorney-General (Cth) [2024] FCA 268
File number:
Judgment of: RANGIAH, MOSHINSKY AND ABRAHAM JJ
Date of judgment: 25 September 2024
Catchwords: FREEDOM OF INFORMATION – request for access to an official document of a Minister (the Attorney-General) – where one document (the Document) was within the scope of the request but the request was refused on the basis of two exemptions – where a new person was appointed as Attorney-General – where the new Attorney-General did not have possession of the Document – where the Information Commissioner decided that the Document was not an "official document of a Minister" because it was not in the possession of the Minister at the time of the Information Commissioner's decision – where the primary judge held that the Information Commissioner erred in her construction of the Act – where the primary judge held that the time for determining whether a document is an "official document of a Minister" is the time the request for access is made (and only that time) – whether primary judge's construction was correct – held: appeal dismissed
The Constitution, ss 64, 65 Acts Interpretation Act 1901 (Cth), ss 19, 19A, 19B, 19D-19E, 20 Legislation: Archives Act 1983 (Cth), ss 2A, 3, 3C, 24 Freedom of Information Act 1982 (Cth), ss 3, 4, 11, 11A, 15, 15A, 15AB, 15AC, 16, 21, 24, 24A, 24AA, 24AB, 26A, 27, 27A, 34, 42, 54L, 54S, 55R, 55U, 56, 67 Judiciary Act 1903 (Cth), s 78B
Beesley v Australian Federal Police [2001] FCA 836; 111 FCR 1 Commissioner of Stamp Duties (NSW) v Permanent Trustee Co Ltd (1987) 9 NSWLR 719 Dallikavak v Minister for Immigration and Ethnic Affairs (1985) 9 FCR 98 EMJ18 v Secretary, Department of Home Affairs [2024] FCAFC 87 Graham v Minister for Immigration and Border Protection [2018] FCA 1012; 265 FCR 634 Cases cited: Hocking v Director-General of the National Archives of Australia [2020] HCA 19; 271 CLR 1 Maritime Union of Australia v Fair Work Commission [2015] FCAFC 56; 230 FCR 15 Maroondah City Council v Fletcher [2009] VSCA 250; 29 VR 160 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Moorcroft [2021] HCA 19; 273 CLR 21 Minogue v Victoria [2018] HCA 27; 264 CLR 252 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 262 CLR 36 Taylor v The Owners – Strata Plan No 11564 [2014] HCA 9; 253 CLR 531
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