Jorgensen v Australian Securities & Investments Commission [2004] FCA 143

FEDERAL COURT OF AUSTRALIA

Jorgensen v Australian Securities & Investments Commission [2004] FCA 143 ADMINISTRATIVE LAW –freedom of information – investigation by Australian Securities and Investments Commission into affairs of applicant and associated company – applicant sought access under Freedom of Information Act 1982 (Cth) to documents relating to investigation – Commission refused access to certain documents – application to Administrative Appeals Tribunal for review of Commission decision – Commission claimed documents exempt from disclosure under Act – Tribunal held applicant could access documents Commission prepared to release to him – appeal from decision of Tribunal – whether Tribunal erred in applying exemption provisions of Act – whether Tribunal failed to give effect to aims and philosophy of Act FREEDOM OF INFORMATION – investigation by Australian Securities and Investments Commission into affairs of applicant and associated company – applicant sought access under Freedom of Information Act 1982 (Cth) to documents relating to investigation – Commission refused access to certain documents – application to Administrative Appeals Tribunal for review of Commission decision – Commission claimed documents exempt from disclosure under Act – Tribunal held applicant could access documents Commission prepared to release to him – appeal from decision of Tribunal – whether Tribunal erred in its interpretation and application of ss 37(1)(b), 37(2)(b), 40(1)(c), 40(1)(d), 41, 42 and 45 of the Act – whether Tribunal failed to give effect to aims and philosophy of Act

Administrative Appeals Tribunal Act 1975 (Cth) s 44 Australian Securities and Investments Commission Act 2001 (Cth) ss 13, 30, 33, 127 Freedom of Information Act 1982 (Cth) ss 3, 11(1), 12(1)(b), 32, 37(1)(b), 37(2)(b), 37(2A), 40(1)(c), 40(1)(d), 40(2), 41, 42, 45, 61