Neeson v The Chief Executive Officer of Centrelink [2006] FCA 1107

FEDERAL COURT OF AUSTRALIA

Neeson v The Chief Executive Officer of Centrelink [2006] FCA 1107

FREEDOM OF INFORMATION - request to amend and annotate documents - request refused on basis that documents could not be annotated due to technical limitations -Administrative Appeals Tribunal held refusal was reasonable - whether Tribunal erred in point of law by disposing of matter upon a basis for which the Act makes no provision Administrative Appeals Tribunal Act 1975 (Cth): s44 Freedom of Information Act 1982 (Cth): ss 50, 51, 51A, 51B, 55 Cachia v Hanes (1994) 179 CLR 403 followed Secretary, Department of Foreign Affairs and Trade v Boswell (No 2) (1992) 93 FCR 288 followed NEESON v THE CHIEF EXECUTIVE OFFICER OF CENTRELINK VID 324 OF 2005

JESSUP J

22 AUGUST 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 324 OF 2005

BETWEEN: CHRIS NEESON

Applicant

AND: THE CHIEF EXECUTIVE OFFICER OF CENTRELINK

Respondent

JUDGE: JESSUP J

DATE OF ORDER: 22 AUGUST 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The title of the proceeding be amended so as to substitute for the existing title of the respondent the following: The Chief Executive Officer of Centrelink. 2. The appeal from the Administrative Appeals Tribunal be allowed. 3. The decision of the Tribunal dated 15 March 2005 be set aside. 4. The matter be remitted to the Tribunal for re-determination in accordance with the reasons for judgment of the Court published this day. 5. The respondent pay the applicant's disbursements in connection with this proceeding.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 324 OF 2005

BETWEEN: CHRIS NEESON

Applicant

AND: THE THE CHIEF EXECUTIVE OFFICER OF CENTRELINK

Respondent

JUDGE: JESSUP J