Illawarra Retirement Trust v Secretary, Department of Health and Ageing [2005] FCA 170

FEDERAL COURT OF AUSTRALIA

Illawarra Retirement Trust v Secretary, Department of Health and Ageing [2005] FCA 170

ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – whether applicant made a party to application of cross-applicant – extent of issues entitled to be raised on appeal by applicant. ADMINISTRATIVE LAW – freedom of information – where edited copy of document created – whether a decision that edited document is exempt under s 43 Freedom of Information Act 1982 (Cth) ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – freedom of information – powers of Tribunal – review under s 59 Freedom of Information Act 1982 (Cth) – whether Tribunal can decide that a document is exempt under provisions of Part IV other than s 43 JUDICIAL REVIEW – appeal from Administrative Appeals Tribunal – where applicant seeks affirmation of Tribunal decision – whether appeal validly instituted STATUTES – construction – s 38 Freedom of Information Act 1982 (Cth) – Part 6.2 Aged Care Act 1997 (Cth) – whether provisions of Aged Care Act prohibit disclosure of information for the purposes of s 38 Freedom of Information Act – whether prohibition on disclosure inoperative for purposes of a freedom of information application STATUTES – construction – s 86-3 Aged Care Act 1997 (Cth) – relationship of provision to freedom of information regime – powers of the Administrative Appeals Tribunal in relation to disclosure of information pursuant to s 86-3 Aged Care Act STATUTES – construction – s 40 Freedom of Information Act 1982 (Cth) – whether decision that document is exempt requires evidence that disclosure of document would lead to prejudice of agency operations or functions Administrative Appeals Tribunal Act 1975 (Cth) subs 30(1A), subs 43(2b) and s 44 Aged Care Act 1997 (Cth) Division 86 Freedom of Information Act 1982 (Cth) par 3(1)(b), s 11, s 14, s 22, s 27, s 36, s 38, s 40, s 43, subs 54(1D), subs 59(1), Schedule 3 Judiciary Act 1903 (Cth) par 39B(1A)(c) Federal Court Rules O 53