Bienstein v Attorney General [2009] FCA 1501

FEDERAL COURT OF AUSTRALIA

Bienstein v Attorney General [2009] FCA 1501 FREEDOM OF INFORMATION – request for access to documents – failure to make decision within 30 days – deemed refusal to grant access – whether Administrative Appeals Tribunal had power to order that a decision be made ADMINISTRATIVE LAW – Administrative Appeals Tribunal – powers – deemed refusal to grant access to documents – whether Tribunal had power to order that decision be made ADMINISTRATIVE LAW – Administrative Appeals Tribunal – procedural fairness – bias – Tribunal not making orders or giving procedural directions sought by applicant – whether reasonable apprehension of bias in protecting ministers from freedom of information requests ADMINISTRATIVE LAW – Administrative Appeals Tribunal – appeal to Court – questions of law – nature of questions of law on which appeal can be brought Administrative Appeals Tribunal Act 1975 (Cth) ss 25(5), 26, 33(1)(a), 37, 42D, 44(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 7, 11(3), 11(4) Freedom of Information Act 1982 (Cth) ss 11, 15, 16, 18, 24A, 26, 30A, 54, 55(1), 56(1), 56(5), 56(6), 58(1), 66 Re: Bienstein and Attorney-General (Cth) [2004] AATA 896 cited Re: Bienstein and Minister for Justice and Customs [2004] AATA 895 cited Bienstein v Attorney-General [2007] FCA 1174 (2007) 162 FCR 405 cited Bienstein v Attorney-General (Commonwealth of Australia) [2008] AATA 7 cited Bienstein v Attorney-General (Commonwealth of Australia) [2008] AATA 330 cited Cashman & Partners v Secretary, Department of Human Services and Health (1995) 61 FCR 301 applied Director-General of Social Services v Chaney (1980) 47 FLR 80 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 cited Hounslow v Department of Immigration and Ethnic Affairs (unreported, Federal Court of Australia, Sweeney J, 20 December 1985) cited HELEN BIENSTEIN v ATTORNEY GENERAL and JUSTICE MINISTER