Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Beesley v Australian Federal Police
[2001] FCA 836
FREEDOM OF INFORMATION – access to documents – electronic information stored on a database – where joint right of access to database held by Commonwealth agency – whether this right of access amounted to "possession of information" – proper meaning of "possession" – whether physical possession necessary – application of concept of constructive possession.
Freedom of Information Act 1982 (Cth)
Administrative Appeals Tribunal Act 1975 (Cth)
Re Sullivan v Department of Industry, Science and Technology (1996) 23 AAR 59 distinguished Information Commissioner for Western Australia v Ministry of Justice [2001] WASC 3 distinguished Victorian Public Service Board v Wright (1986) 64 ALR 206 followed Re Guide Dog Owners' & Friends Association and Commissioner for Corporate Affairs (1988) 2 VAR 405 followed Re Mildenhall and Department of Premier and Cabinet (No 2) (1995) 8 VAR 478 followed
TERENCE FRANCIS BEESLEY v AUSTRALIAN FEDERAL POLICE
N 1341 OF 2000
JUDGE: BEAUMONT J
DATE: 15 JUNE 2001
PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1341 OF 2000
BETWEEN: TERENCE FRANCIS BEESLEY
APPLICANT
AND: AUSTRALIAN FEDERAL POLICE
RESPONDENT
JUDGE: BEAUMONT J
DATE OF ORDER: 15 JUNE 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The Tribunal's decision be set aside. 3. The mater be remitted to the Tribunal for reconsideration in accordance with these reasons. 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 N 1341 OF 2000
BETWEEN: TERENCE FRANCIS BEESLEY
APPLICANT
AND: AUSTRALIAN FEDERAL POLICE
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