Department of Health & Anor v. Jephcott, L. [1985] FCA 536

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CATCHWORDS

Administrative law - Appeal from Administrative Appeals Tribunal - Freedom of information - request for access - refusal to confirm or deny existence of document - question for AAT whether disclosure (if document exists) would reveal existence or identity of confidential source of information in relation to enforcement or administration of law - meaning of confidential source - Tribunal in error in finding that substantial risk of impairment to enforcement or administration of law needs to be shown - procedure before AAT when existence of document neither confirmed nor denied discussed

Words and phrases - "confidential source"

Freedom of Information Act 1982 (Cth) ss.25, 37(1)(b)

BETWEEN 3 DEPARTMENT OF HEALTH and BERNARD VINCENT McKAY Applicants AND 3 LOTS JEPHCOTT Respondent No. VG.35 of 1985 CORAM 3 Forster, Keely and Davies JJ

4 October 1985

Melbourne

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIAN DISTRICT REGISTRY ) No. VG.35 of 1985 )

GENERAL DIVISION )

ON APPEAL FROM THE ADMINISTRATIVE APPEALS

TRIBUNAL BETWEEN : DEPARTMENT OF HEALTH and BERNARD VINCENT McKAY Applicants AND : LOIS JEPHCOTT Respondent

MINUTE: OF ORDER

JUDGES MAKING ORDER Forster, Keely and Davies JJ

DATE OF ORDER

4 October 1985

WHERE MADE 3 Melbourne THE COURT ORDERS THAT 3 1. The appeal be allowed. 2. The decision of the

Administrative Appeals Tribunal be set aside and the matter be remitted to the Administrative Appeals Tribunal to be heard and determined according to law.

Note : Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

No. VG 35 of 1985

www rvr

GENERAL DIVISION

BETWEEN:

THE DEPARTMENT OF HEALTH and

BERNARD VINCENT McKAY (in his

Capacity as Secretary of the

Department of Health) Applicants

- and -

LOIS JEPHCOTT