Public Service Board v. Scrivanich, A. [1985] FCA 338

ive

CATCHWORDS

Administrative law - freedom of information - interview summaries and report by officer of Greviance Appeal Bureau - access granted

to summaries and access refused to report - appeal and cross appeal - whether Tribunal erred in application to summaries of s.36(1)(b) and s.40(2) (concerning disclosure in the 'public interest') - whether disclosure of report would disclose matter relating to advice obtained 'in the course of, or for the purposes of, the deliberative processes involved in the function of an agency' -~- error in consideration of whether disclosure of report 'would, or could have a substantial adverse effect on management or assessment of personnel ...... '

Administrative Appeals Tribunal Act, 1975 - s.44 Freedom of Information Act, 1982 - ss. 4, 36, 40

PUBLIC SERVICE BOARD v. ANTONIA SCRIVANICH

No. SAG 25 of 1984

Keely J. 12 July, 1985 Melbourne

IN THE FEDERAL COURT OF AUSTRALIA ) )

SQUTH AUSTRALIA DISTRICT REGISTRY ) No. SAG 25 of 1984 }

GENERAL DIVISION )

Qn appeal from the General Administrative Division of the

Administrative Appeals Tribunal

BETWEEN:

PUBLIC SERVICE BOARD

Applicant

AND+:

ANTONIA SCRIVANICH

Respondent

12 JULY, 1985 KEELY J.

REASONS FOR JUDGMENT

The Public Service Board (the Board) has appealed against a decision of the Administrative Appeals Tribunal (the Tribunal), given on 12 June, 1984. That decision set aside a decision refusing to grant to Ms. Scrivanich access to three documents, referred to as Documents A, BH and D, and ordered the Board to give her access to them. The Tribunal

in its decision held that another document, Document C,

was exempt from disclosure under s. 36 ands. 40 of the

Freedom of Information Act 1982, as amended, (the Act) and

Ms. Scrivanich filed a cross-appeal against that part of the

2.

Tribunal's decision. Both the notice of appeal and the notice of cross-appeal were amended, by leave, at the