Centrelink v Dykstra [2002] FCA 1442

FEDERAL COURT OF AUSTRALIA

Centrelink v Dykstra [2002] FCA 1442 FREEDOM OF INFORMATION – review of decision of Administrative Appeals Tribunal – exempt documents – whether Administrative Appeals Tribunal erred in finding release of documents would not endanger the life or physical safety of any person.

Administrative Appeals Tribunal Act 1975 (Cth), s 44 Freedom of Information Act 1982 (Cth), ss 37(1)(c), 11(1), 61(1) Social Security Act 1991 (Cth)

Attorney-General's Department v Cockroft (1986) 64 ALR 97 - discussed Drake v Minister for Immigration & Ethnic Affairs (1979) 46 FCR 409 – referred to Bushell v Repatriation Commission (1992) 175 CLR 408 – referred to Staed v Minister for Immigration & Ethnic Affairs (1981) 37 ALR 620 – referred to Australian Trade Commission v Underwood Exports Pty Ltd [1997] FCA 1060 – referred to Sullivan v Department of Transport (1978) 20 ALR 323 – referred to Waldron v Comcare Australia (1995) 37 ALD 471 – referred to Repatriation Commission v Smith (1987) 15 FCR 327 – referred to Nikolovski v Telstra Corporation Ltd [2002] FCA 846 – referred to CENTRELINK v ROBERT DYKSTRA S.203 of 2002 MANSFIELD J 28 NOVEMBER 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.203 OF 2002

BETWEEN: CENTRELINK

APPLICANT

AND: ROBERT DYKSTRA

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 28 NOVEMBER 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is granted. 2. The decision of the Administrative Appeals Tribunal given on 2 August 2002 is set aside. 3. The application of the respondent to the Administrative Appeals Tribunal to review a decision of a review officer of the applicant made on or about 27 September 2000 is remitted to the Administrative Appeals Tribunal for rehearing or for further hearing in accordance with the reasons for decision given on 28 November 2002. 4. The operation of Order 3 is stayed until 19 December 2002. 5. The three documents the subject of the application by the respondent referred to in Order 3 not be released to the respondent pending the rehearing or further hearing of that application by the Administrative Appeals Tribunal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.