Tanner v Shergold, as delegate of Peter Keaston Reith, Minister of State for Workplace Relations & Small Business [2000] FCA 422

FEDERAL COURT OF AUSTRALIA

Tanner v Shergold, as delegate of Peter Keaston Reith, Minister of State for Workplace Relations & Small Business [2000] FCA 422 ADMINISTRATIVE LAW – judicial review of administrative decisions – whether judicial review of decisions to issue conclusive certificates under Part IV of Freedom of Information Act 1982 (Cth) available under Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether Part VI of Freedom of Information Act 1982 (Cth) provides exhaustive procedure for review of decisions to issue conclusive certificates - nature of "conclusivity" of conclusive certificates

Administrative Decisions (Judicial Review) Act 1977 (Cth) ss5, 6, 13

Judiciary Act 1903 (Cth) s39B

Freedom of Information Act 1982 (Cth) ss33A, 36, 58, 58A

Department of Industrial Relations v Forrest & Anor (1990) 21 FCR 93 cited

Magrath & Anor v Goldsbrough, Mort & Co Ltd (1932) 47 CLR 121 applied

Bropho v State of Western Australia & Anor (1990) 171 CLR 1 applied

The Victorian Public Service Board v Wright (1986) 160 CLR 145 referred to

F J Bloemen Pty Ltd v The Commissioner of Taxation of The Commonwealth of Australia (1981) 147 CLR 360 cited

R v Hickman & Ors; Ex parte Fox & Anor (1945) 70 CLR 598 referred to

Transport Workers Union of Australia & Ors v Lee (1998) 84 FCR 60 referred to

Minister for Immigration & Multicultural Affairs & Anor v Ozmanian (1996) 71 FCR 1 applied

LINDSAY TANNER v PETER ROGER SHERGOLD, AS DELEGATE OF PETER KEASTON REITH, MINISTER OF STATE FOR WORKPLACE RELATIONS AND SMALL BUSINESS V 64 OF 1999 MARSHALL J MELBOURNE 6 APRIL 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 64 OF 1999

BETWEEN: LINDSAY TANNER

APPLICANT

AND: PETER ROGER SHERGOLD, AS DELEGATE OF PETER KEASTON REITH, MINISTER OF STATE FOR