Kristoffersen v Department of Employment Workplace Relations and Small Business [2002] FCA 55

FEDERAL COURT OF AUSTRALIA

Kristoffersen v Department of Employment Workplace Relations and Small Business [2002] FCA 55 ADMINISTRATIVE LAW - freedom of information - whether disclosure of certain documents "unreasonable" - whether documents contained "personal information" ADMINISTRATIVE LAW- procedural fairness - whether proceedings in Administrative Appeals Tribunal involved procedural unfairness - whether Tribunal proceedings involved error of law - whether error of law in Tribunal's decision WORDS & PHRASES - "personal information"

Statutes Administrative Appeals Tribunal Act 1975 (Cth) s 35 Freedom of Information Act 1982 (Cth) ss 4,5,41(1), 41(2), 42D, 45(1)

Cases Colakovski v Australia Telecommunications Corporation (1991) 29 FCR 429 Applied Corrs Pavey Whiting & Byrne v Collector of Customs (1987) 14 FCR 434 Referred to Re Pfizer Pty Ltd v Department of Health Housing and Community Services (1993) 30 ALD 647 Referred to

KURT MICHAEL KRISTOFFERSEN v DEPARTMENT OF EMPLOYMENT WORKPLACE RELATIONS AND SMALL BUSINESS

Q141 of 2001

KIEFEL J

BRISBANE

8 FEBRUARY 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 141 OF 2001

ON APPEAL FROM A DECISION BY THE ADMINISTRATIVE APPEALS TRIBUNAL BETWEEN: KURT MICHAEL KRISTOFFERSEN

APPLICANT

AND: DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS

RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 8 FEBRUARY 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The applicant's notice of motion filed on 8 October 2001 is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 141 OF 2001

ON APPEAL FROM A DECISION BY THE ADMINISTRATIVE APPEALS TRIBUNAL BETWEEN: KURT MICHAEL KRISTOFFERSEN