McKenzie, B.L. v. Department of Social Security [1986] FCA 169

,

Administration Law

Administrative Decisions (Judicial Review) Act 1977

Applicant in receipt of Social Security pension - letter received by Department of Social Security containing vexatious allegations - information disregarded - pension entitlement not varied - applicant requested copy of letter - letter supplied - signature deleted and letter typed pursuant to 5.22 of the Freedom of

Information Act 1982 - meaning of information - consideration of

public interest.

Administrative Appeals Tribunal Act 1975, 3.44; Freedom of Information Act 1982, s.3(1); 5.22; s,37(1)

Cases

Re Sinclair v. Secretary to the Department of Social Security (Q85/47 - 16th October 1985)

Southern Centre of Theosophy Inc. v. South Australia (1979-80) 27 ALR 59 per Gibbs J. at 66

Department of Health and McKay v. Jephcott (Federal Court of Australia - unreported - 4 October 1985 (Foster J.)

Luzaich v. United States (1977) 435 F. Supp. 31 at 35

ON APPEAL from the General Administrative Division of the Administrative Appeals Tribunal constituted by the Honourable Sir William Prentice (Senior Member), Mr I.A. Wilkins (Member) and Mr G.D. Grant (Member) BERYL L. McKENZIE v. SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY

No. WA G15 of 1986

MUIRHEAD J. PERTH 8 MAY 1986

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WA G15 of 1986

ON APPEAL from the General Administrative Division of the Administrative Appeals Tribunal constituted by the Honourable Sir William Prentice (Senior Member), Mr

I.A. Wilkins (Member) and Mr G.D. Grant (Member }

BETWEEN : BERYL L. McKENZIE

Applicant and

SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER: MUIRHEAD J.

DATE OF ORDER: 8 MAY 1986 WHERE MADE: Perth

THE COURT ORDERS THAT:

1. Appeal be dismissed.

2. Applicant to pay respondent's costs of the application.