Lawrance v Chief Executive Officer, CRS Australia [2006] FCA 341

FEDERAL COURT OF AUSTRALIA

Lawrance v Chief Executive Officer, CRS Australia [2006] FCA 341 ADMINISTRATIVE LAW – Review of Administrative Appeals Tribunal ("AAT") decision – application for documents under Freedom of Information Act 1982 (Cth) – whether reasonable steps taken to locate documents – whether documents exist – whether findings of fact supported by evidence – whether irrelevant considerations taken into account – whether Wednesbury unreasonable ADMINISTRATIVE LAW – procedural fairness – whether reasonable opportunity to cross examine witnesses and make submissions – power of AAT to control proceedings – relevance to proceedings Administrative Appeals Tribunal Act 1975 (Cth) – ss 33(1), 44(1) Disability Services Act 1986 (Cth) – s 18 Freedom of Information Act 1982 (Cth) – ss 8, 11, 15 and 24A

Australian Postal Commission v Hayes (1989) 87 ALR 283 cited Australian Securities and Investments Commission v Saxby Bridge Financial Planning Pty Limited (2003) 133 FCR 290 cited Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 cited Lawrance v President, Administrative Appeals Tribunal [2005] FCA 79 referred to Lawrance v Administrative Appeals Tribunal [2005] FCA 541 referred to Lawrance v President, Administrative Appeals Tribunal [2006] FCA 342 referred to Minh v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 304 cited R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 cited TNT Skypak International (Aust) Pty Limited v Federal Commissioner of Taxation (1988) 82 ALR 175 cited LAWRANCE v CHIEF EXECUTIVE OFFICER, CRS AUSTRALIA NSD 909 of 2005 JACOBSON J SYDNEY 5 APRIL 2006

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 909 of 2005

BETWEEN: AROHA LAWRANCE

APPLICANT