Secretary, Department of Employment, Workplace Relations & Small Business v The Staff Development & Training Centre Pty Ltd [2001] FCA 382

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Employment, Workplace Relations & Small Business v The Staff Development & Training Centre Pty Ltd [2001] FCA 382

FREEDOM OF INFORMATION - documents relating to criteria used in the tendering process for assessing the financial viability of tenderers for the award of employment service contracts in the Commonwealth's "Job Network" program - documents used by a Department in the process of supplying government services cannot be said to contain "trade secrets" of or have "commercial value" for the Department so as to be exempt documents under ss 43(1)(a) and 43(1)(b) the Freedom of Information Act 1982 (Cth) ADMINISTRATIVE LAW - Administrative Appeals Tribunal - whether Tribunal finding made without evidence - evidence before Tribunal, albeit slight, was enough to support its findings on which it based its conclusions that the exemption of documents under Freedom of Information Act 1982 (Cth) was not in the public interest

Administrative Appeals Tribunal Act 1975 (Cth) s 44 Freedom of Information Act 1982 (Cth) ss 36, 39, 40(1)(a), 40(1)(b), 40(1)(d), 43(1)(a), 43(1)(b), 43(1)(c), Part IV THIS IS THE EDITED VERSION OF THE REASONS FOR DECISION. THE COURT ORDERED THAT THE FULL REASONS NOT BE PUBLISHED BEFORE 26 APRIL 2001. THE COURT FURTHER ORDERED ON 24 APRIL 2001 THAT THE FULL REASONS NOT BE PUBLISHED UNTIL THE HEARING AND DETERMINATION OF THE APPEAL OR UNTIL FURTHER ORDER. Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 referred to Collins v Minister for Immigration and Ethnic Affairs (1981) 58 FLR 407 referred to Seguin Moreau, Australia v Chief Executive Officer of Customs (1997) 77 FCR 410 applied Searle Australia Pty Ltd v Public Interest Advocacy Centre (1992) 36 FCR 111 applied Hughes Aircraft Systems International v Airservices Australia (1997) 76 FCR 151 distinguished JS McMillan Pty Ltd v Commonwealth (1997) 77 FCR 337 applied Team Employment & Training Network Pty Ltd v Secretary, Department of Employment, Workplace Relations and Small Business [1999] FCA 1792 applied The Queen v Cohen; Ex parte Motor Accidents Insurance Board (1979) 141 CLR 577 distinguished Loughnan (Principal Registrar, Family Court of Australia) v Altman (1992) 111 ALR 445 referred to SECRETARY, DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS v THE STAFF DEVELOPMENT AND TRAINING CENTRE PTY LTD Q 17 OF 2000 DRUMMOND J 4 APRIL 2001 BRISBANE