Federal Court of Australia
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CATCHWORDS
FREEDOM OF INFORMATION - Claim for exemption — Information held by Department of Health pursuant to Health Insurance Act 1973 - Provision in Health Insurance Act prohibiting disclosure of information with respect to the affairs of another person which was acquired in the performance of duties or the exercise of powers or functions made under the Act - Whether this provision is a provision "applying specifically to information of a kind-contained in the document" and
prohibiting disclosure - Costs of parties joined.
Freedom of Information Act 1982 ss.4, ll, 38. Health Insurance Act 1973 s.130.
Administrative Appeals Tribunal Act 1975 s.45.
Federal Commissioner of Taxation v Swiss Aluminium Ltd (1986)
66 ALR 159 followed. News Corporation v National Companies and Securities Commission (1984) 1 FCR 64, Kavvadias v
Commonwealth Ombudsman (1984) 1 FCR 80 referred to.
NSW G.60 of 1986 KATHLEEN MAY HARRIGAN v_ DEPARTMENT OF HEALTH & QRS
Fisher, Wilcox and Jackson JJ Sydney 13 November, 1986. 12 NOV 1986
DERAL COURT OF FE AUSTRALIA
PRINCIPAL REGISTRY
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IN THE
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
FEDERAL COURT OF AUSTRALIA
No. G.60 of 1986
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PLACE:
DATE:
BETWEEN: KATHLEEN MAY HARRIGAN
Applicant
AND: DEPARTMENT OF HEALTH
Respondent
AND: AUSTRALIAN MEDICAL a ASSOCIATION, BESSIE SMYTH FOUNDATION,
DARLING STREET WOMENS '
HEALTH CENTRE,
DR _ GEOFFREY S_ BRODIE, DR GEOFFREY L R DAVIS, DR_SUSAN HEPBURN,
DR_N J MARENKO,
DR LEN FREUBERG and DR_BERTRAM WAINER
Parties Joined FISHER, WILCOX and JACKSON JJ SYDNEY
13 NOVEMBER 1986
MINUTES OF ORDER
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THE COURT ORDERS THAT:
Note:
The question referred to the Court by the Administrative Appeals Tribunal, namely "whether s.130 of the Health Insurance Act 1973 is an enactment of a kind referred to in s.38 of the Freedom of Information Act 1982?", be answered in the
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