Patrick v Attorney-General (Cth) [2024] FCA 268

Federal Court of Australia

Patrick v Attorney-General (Cth) [2024] FCA 268 File number: SAD 40 of 2023

Judgment of: CHARLESWORTH J

Date of judgment: 21 March 2024

Catchwords: ADMINISTRATIVE LAW – appeal from decision of the Information Commissioner made on review under Pt VII of the Freedom of Information Act 1982 (Cth) – request for access to documents under s 15(2) of the Act –Attorney-General identifying one document falling within scope of the request – document at that time meeting the description of an "official document of a Minister" – request refused on the basis that the document was exempt, including because it was a Cabinet document – application for review to Information Commissioner – change of person occupying office of Attorney-General three times and change of Government whilst review pending – Commissioner finding the document was not in the possession of the new incumbent of the office – Commissioner varying the original decision and refusing access on that basis – whether Commissioner erred in applying the definition of an "official document of a Minister" at the time of the decision on review – consideration of the interaction between the Act and the Archives Act 1983 (Cth) – consideration of rights and duties arising under the Act, including a duty of decision-makers not to interfere with requesting party's right to have request for access determined according to law – content of the duty depending on the facts of the case

Legislation: Acts Interpretation Act 1901 (Cth) ss 15AA, 20 Archives Act 1983 (Cth) ss 3C, 24, 27, 30 Freedom of Information Act 1982 (Cth) ss 3, 4, 7, 11, 11A, 13, 15, 16, 17, 24, 24AA, 24A, 31A, 34, 42, 54N, 55, 55A, 55DA, 55K, 55R, 55U, 55V, 56, 56A, Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 303 P Herzfeld and T Prince, Interpretation (2nd ed, Thomson Reuters (Professional) Australia Limited, 2020)