Bachelard v Australian Federal Police [2025] FCAFC 5

FEDERAL COURT OF AUSTRALIA Bachelard v Australian Federal Police [2025] FCAFC 5 Appeal from: Bachelard and Australian Federal Police (Freedom of Information) [2024] AATA 312

File number(s):

Judgment of: WIGNEY, THAWLEY AND MCDONALD JJ

Date of judgment: 3 February 2025

Catchwords: ADMINISTRATIVE LAW – Freedom of Information Act 1982 (Cth) (FOI Act) – request for access to three witness statements and a professional standards report arising from an investigation conducted under Part V of Australian Federal Police Act 1979 (Cth) – appeal from decision of Administrative Appeals Tribunal (Tribunal) under s 44 of Administrative Appeals Tribunal Act 1975 (Cth) – Tribunal found that all documents sought by applicant were exempt or conditionally exempt under FOI Act – whether Tribunal misconstrued and/or misapplied s 37(1)(b) of FOI Act in finding that providers of witness statements were "confidential sources of information" – whether Tribunal erred in failing to consider whether disclosure of edited copies of statements and report, without disclosing a confidential source, was possible and reasonably practicable under s 22(1) of FOI Act – whether Tribunal erred in law in finding that witness statements were exempt documents under s 47E(c) and (d) in circumstances where respondent had not relied on those statutory provisions in relation to the statements – whether Tribunal erred in failing to consider whether disclosure of edited copies of statements and report, without disclosing personal information which it would be unreasonable to disclose, was possible and reasonably practicable under s 22(1) of FOI Act – whether Tribunal misconstrued and/or misapplied s 47F of FOI Act in finding that statements and report contained personal information which it would be unreasonable to disclose – whether Tribunal misconstrued and/or misapplied "public interest" test in s 11A(5) of FOI Act – whether Tribunal erred in finding that parts of report were irrelevant and outside scope of applicant's request – appeal allowed – matter remitted to Administrative Review Tribunal for re-hearing.