Department of Social Security v. Dyrenfurth, E.B. [1988] FCA 227

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WUDGMENT No, 22+ Yee

CATCHWORDS

FREEDOM OF INFORMATION - appeal from Administrative Appeals Tribunal - request for access - comparative and individual assessments of applicants for public service appointment - whether "exempt documents" within 8s.40(1)(c) or s.41(1) Preedom of Information Act 1982 ~- whether such documents may contain "information relating to the personal affairs of any person" - effect of disclosure of documents of a given class as contributing to "a substantial adverse effect on the management or assessment of personnel" within s.40(1)(c) -

whether a question of law.

Freedom of Information Act 1982 ss.40(1)(c), 41(1)

DEPARTMENT OF SOCIAL SECURITY v_ ERIC BERNARD DYRENFURTH

No VG 109 of 1987

Sweeney, Keely and Ryan JJ

5 May 1988 Melbourne

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No VG 109 of 1987

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GENERAL DIVISION

On appeal from the General Administrative Division of the Administrative Appeals Tribunal

BETWEEN: DEPARTMENT OF SOCIAL "ss SECURITY SS

(Applicant) AND: ERIC BERNARD DYRENFURTH

(Respondent)

Coram: Sweeney, Keely and Ryan JJ

Date: 5 May 1988

Place: Melbourne

MINUTES OF ORDER

THE COURT ORDERS THAT:

l. The appeal be allowed.

2. The decision of the General Division of the Administrative Appeals Tribunal given on 15 April 1987 be set aside and the application be remitted to the Administrative Appeals Tribunal to be heard and decided

according to law.

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AND FURTHER ORDERS BY CONSENT THAT:

3. The applicant pay the respondent's costs of the appeal.

NOTE: Settlement and entry of orders is dealt with in 0.36 of

the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No VG 109 of 1987 ) GENERAL DIVISION ) On appeal from the General Administrative Division of

the Administrative Appeals Tribunal

BETWEEN: DEPARTMENT OF SOCIAL SECURITY