Department of Community Services & Anor v. Jephcott, L. [1987] FCA 281

OS |

CATCHWORDS Administrative Law - appeal from Administrative Appeals Tribunal - freedom of information - request for access -

entitlement to neither confirm nor deny existence of a document - meaning of "existence" - whether disclosure of "non-existence" might be expected to enable any person to ascertain identity or existence of a confidential source of

information.

Freedom of Information Act 1982 (C'th) ss.25, 26, 37.

Department of Health v. Jephcott (1985) 62 ALR 421

Thompson v. Goold & Co. £19101 AC 409

DEPARTMENT OF COMMUNITY SERVICES & ANOR v. LOIS JEPHCOTT

VG No. 342 of 1986

Sweeney, Sheppard and Ryan JJ.

2 June 1987

Melbourne.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG No. 342 of 1986

wee ww

GENERAL DIVISTON

On Appeal from the Administrative Appeals Tribunal

Between: DEPARTMENT OF COMMUNITY SERVICES and MICHAEL HENRY CODD (in his capacity as Secretary of the Depart- ment of Community Services

(Applicants)

And: LOIS JEPHCOTT

(Respondent) Judges Making Order: Sweeney, Sheppard and Ryan JJ.

Date of Order: 2 June 1987

Where Made: Melbourne

MINUTE OF ORDER

THE COURT ORDERS THAT:

The appeal be dismissed with costs.

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 ) VG No. 342 of 1986 ) GENERAL DIVISION )

On Appeal from the Administrative Appeals Tribunal

Between: DEPARTMENT OF COMMUNITY SERVICES and MICHAEL HENRY

CODD (in his capacity as

Secretary of the Depart- ment of Community Services

(Applicants)

And: LOIS JEPHCOTT

(Respondent )

Coram: Sweeney, Sheppard and Ryan JJ. Date: 2 June 1987

REASONS FOR JUDGMENT

THE COURT: By this appeal the applicants seek to set aside a decision of 29 August 1986 of the General Administrative Division of the Administrative Appeals Tribunal constituted