Baueris, V.G. v The Commonwealth of Australia [1987] FCA 293

CATCHWORDS

Freedom of Information ~ Whether information exempt as involving

a breach of confidence - Freedom of Information Act 1982,

s.45(1) - whether material inherently confidential.

VICTOR GEORGE BAUERIS v. THE COMMONWEALTH OF AUSTRALIA

No. G309 of 1986

Beaumont, J. Sydney

9 June 1987

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G309 of 1986 )

GENERAL DIVISION )

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: VICTOR GEORGE BAUERIS Applicant AND: THE COMMONWEALTH OF AUSTRALIA

Respondent

MINUTES OF ORDER

Judge making order: Beaumont, J.

Date order made: 9 June 1987

Where made: Sydney

THE COURT ORDERS:

1. Appeal dismissed '

2. Applicant to pay the respondent's costs.

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

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY )} No. G309 of 1986 )

GENERAL DIVISION )

ON_APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN : VICTOR GEORGE BAUERIS Applicant AND: THE COMMONWEALTH OF AUSTRALIA Respondent

CORAM: Beaumont, J.

DATED: 9 June 1987

REASONS FOR JUDGMENT

This is an appeal from a decision of the Administrative Appeals Tribunal on a question of law arising under the Freedom of Information Act 1982 ("the Act"). The question arises in this way. The applicant, the General Secretary of the N.S.W. Teachers Federation, requested the Commonwealth Schools Commission to grant access under the Act to certain information relating to an application made to the Commission by St. John's High School, Dubbo. The information requested related to an application for recurrent funding for the creation of a senior high school for years 11-12 and to an application for capital funding for the establishment of a new year 7-10 school on a new site. The Commission refused access to all the documents sought.