Chu v Telstra Corporation Limited [2005] FCA 1730

FEDERAL COURT OF AUSTRALIA

Chu v Telstra Corporation Limited [2005] FCA 1730

ADMINISTRATIVE APPEAL – appeal from decision of Administrative Appeals Tribunal – refusal of access to personnel files – s 24A Freedom of Information Act 1982 (Cth)– preliminary question - whether "all reasonable steps" is a jurisdictional fact ADMINISTRATIVE APPEAL – appeal from decision of Administrative Appeals Tribunal – numerous requests for access to personnel file – access refused on the basis that no further documents could be located – interpretation of s 24A – whether respondent took all reasonable steps – whether Tribunal applied the correct test in determining what constitutes "all reasonable steps" Freedom of Information Act 1982 (Cth) s 24A

Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 cited Australian Heritage Commission v Mount Isa Mines Ltd (1997) 187 CLR 297 cited CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 followed Network Ten Pty Ltd v TCN Channel Nine Pty Ltd (2004) 205 ALR 1 cited Cabal v Attorney-General (2001) 113 FCR 154 considered Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 55 cited Santa Sabina College v Minister for Education (1985) 58 ALR 527 cited Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 cited RICHARD CHU v TELSTRA CORPORATION LIMITED No VID 1443 of 2004 FINN J ADELAIDE 1 DECEMBER 2005

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1443 OF 2004

BETWEEN: RICHARD CHU

APPLICANT

AND: TELSTRA CORPORATION LIMITED

RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 1 DECEMBER 2005

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application be allowed. 2. The decision of the Administrative Appeals Tribunal dated 28 October 2004 be set aside. 3. The matter be remitted to the Tribunal for re-determination. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.