Rana v Australian Federal Police [2006] FCA 890

FEDERAL COURT OF AUSTRALIA

Rana v Australian Federal Police [2006] FCA 890 ADMINISTRATIVE APPEAL – application for order of review of decision of Administrative Appeals Tribunal – freedom of information request – request refused on basis that documents could not be found or did not exist – Freedom of Information Act 1982 (Cth) s 24A – whether applicant denied procedural fairness or natural justice by Tribunal – whether Tribunal should have applied provisions of Freedom of Information Act 1991 (SA) – Judiciary Act 1903 (Cth) s 79. Held: applicant afforded full and proper opportunity to present his case before Tribunal – State Act not 'picked up' by s 79 of Judiciary Act 1903 (Cth) because Commonwealth had 'otherwise provided' in Freedom of Information Act 1982 (Cth) – application dismissed.

Freedom of Information Act 1982 (Cth) ss 15, 24, 24A, 54, 55 Administrative Decisions (Judicial Review) Act 1977 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) s 33 Judiciary Act 1903 (Cth) s 79 Freedom of Information Act 1991 (SA)

Chu v Telstra Corporation Ltd (2005) 147 FCR 505 referred to McLeod v Australian Securities and Investment Commission (2002) 211 CLR 287 referred to Pancontinental Mining Ltd v Burns (1994) 52 FCR 454 referred to Sullivan v Department of Transport (1978) 20 ALR 323 referred to RANJIT RANA v AUSTRALIAN FEDERAL POLICE SAD 63 OF 2006 BESANKO J 13 JULY 2006 ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 63 OF 2006

BETWEEN: RANJIT RANA

APPLICANT

AND: AUSTRALIAN FEDERAL POLICE

RESPONDENT

JUDGE: BESANKO J

DATE OF ORDER: 13 JULY 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's costs of the application.