Letts, A. v. Director General of Social Security [1985] FCA 244
Federal Court of Australia
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NOTE: - NOT APPROPRIATE FOR REPORTING OR FOR GENERAL CIRCULATION
(AEW)
IN THE FEDERAL COURT OF AUSTRALIA )
WESTERN AUSTRALIA DISTRICT REGISTRY No. WAG 93 of 1984
GENERAL DIVISTON
ON APPEAL FROM THE GENERAL DIVISION OF THE
ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY
THE HONOURABLE G.D. CLARKSON 0.C. (SENIOR MEMBER)
MR _T.A. WILKINS AND DR J.G. BILLINGS
Ra
BETWEEN :
ARTHUR LETTS Applicant
and
THE DIRECTOP GENERAL
OF SOCIAL SECURITY Respondent
MINUTES OF ORDER
COURT: Woodward, Toohey and Pincus JJ.
DATE: 29 May 1985
PLACE: Perth
THE COURT ORDERS THAT:
The appeal be dismissed.
(Settlement and entry of orders is dealt with by 0.36 of the
Federal Court Rules).
Z.
NOTE: - NOT APPROPRIATE FOR REPORTING OR FOR GENERAL CIRCULATION
(AEW)
IN THE FEDERAL COURT OF AUSTRALIA )
)
WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WAG 93 of 1984
)
GENERAL DIVISION )
ON APPEAL FROM THE GENERAL DIVISION OF THE
ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY
THE HONOURABLE G.D. CLARKSON 0.C. (SENIOR MEMBER)
MP_I.A. WILKINS AND DR J.G. BILLINGS
BETWEEN :
ARTHUR LETTS Applicant
and
THE DIRECTOR GENERAL
OF SOCIAL SECURITY Reepcnegent
COURT: Woodward, Toohey and Pincus dJ.
DATE: 29 May 1985
PLACE: Perth
EX-TEMPORE JUDGMENT
This is an appeal by Mr Arthur Letts who' appears in
person, against a decision of the Administrative Appeals Tribunal
which affirmed a decision of the Director General of Social
Security that a particular document was exempt from disclosure
under the Freedom of Information Act 1982.
The document in question was one of two withheld when Mr
Letts was given access to the file relating to his pension. It
was described by the Director General in the following terms:
"Polio 100, the file note dated 12 November 1979,
recording information provided by .... alleging that Mr
Letts may have been claiming pension in the name of Ryan
and ...."
The Administrative Appeals Tribunai decided that the
document was indeed exempt from disclosure because it fell clearly
within s.37(1) of the Freedom of Information Act 1992. That
section provides:
Pal
"(1)°R document is an exempt document if its dieclosure
under this act would or could reasonably be
expected to -
fay...
{b) disclose, or enable a person toa ascertain, the
existence cr identity of a confidential source
of information in relation to the enforcement
or administration of the law ...."
In his amended notice of appeal, whici: the court gave Mr
Letts leave to substitute for earlier notices, and which is headed
Notice of Proposed Substituted Notice of Appeai and dated 9 May
1985, Mr Letts sought to challenge the decision of the Tribunal.
He obviously harbours a deep sense of injustice at the way he
claims to have been treated over many years by a number of pclice
officers and by other persons in positions of authority. Perhars
because of this apparently long-standing sense of griévance, the
grounds of appeal and other material set out in the notice range
widely over many areas of constitutional and administrative law.
The Court has done its best to understand the points
which Mr Letts has been trying to make, both in his notice and his
address to the Court, but it has been unable to detect any matter
at all which would provide Mr Letts with an arguable appeal point.
Pursuant to s.44(1) of the Administrative Appeals Tribunal Act
1975 this Court can only be concerned with possihle errors of law
by the Tribunal, and, having studied the Tribunal's reasons for
decision in this matter, we have been able to find no trace of any
such error.
The esspondent has soucht by notice of motion to have
the notice of appeal struck out. However, the Court invited Mr
Letts to address 1t generally on his appeal, not merely as to the
notice of motion and, having heard him out, we believe that, for
the reasons already given, the appropriate order of the Court 1s
that the appeal be dismissed.
I hereby certify that this and the
two (2) preceding pages are a
true and accurate copy of the Reasons
for Judgment herein of The Court
a ee | a es
Associate to
The Hon. Mr Justice Woodward
Dated: 23 May 1985