Duncan v Administrative Appeals Tribunal (No 2) [2004] FCA 1258

FEDERAL COURT OF AUSTRALIA

Duncan v Administrative Appeals Tribunal (No 2) [2004] FCA 1258

ADMINISTRATIVE LAW – Administrative Appeals Tribunal – jurisdiction – application for judicial review of AAT decision dismissing application for review of refusal of documents under Freedom of Information Act - application to AAT dismissed as frivolous and vexatious – order made requiring leave for further applications in respect of the same matter – application for judicial review of AAT decision – preliminary issue – jurisdiction of AAT – condition of jurisdiction – request for internal review of agency decision – no prior request made – no relevant internal review decision – AAT lacking jurisdiction – application for review of AAT decision denied – vexatious applicant direction set aside

Freedom of Information Act 1982 (Cth) s 54(1), s 55

Re Wilson and Australian Federal Police (1983) 5 ALD 343 cited

IAN DUNCAN v ADMINISTRATIVE APPEALS TRIBUNAL and SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

No W161 of 2004

FRENCH J

28 SEPTEMBER 2004

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W161 OF 2004

BETWEEN: IAN DUNCAN

APPLICANT

AND: ADMINISTRATIVE APPEALS TRIBUNAL

FIRST RESPONDENT

SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

SECOND RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 28 SEPTEMBER 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The direction made by the Administrative Appeals Tribunal (the Tribunal) on 17 April 2001, pursuant to s 42B(1)(b) that the applicant must not without leave of the Tribunal make a subsequent application to the Tribunal in relation to the application then before the Tribunal, be set aside. 2. The application is otherwise dismissed on the basis that the Tribunal lacked jurisdiction to entertain the application for review. 3. Each party is to bear its own costs of these proceedings.