Swan Television & Radio Broadcasters Limited v Austalian Broadcasting Tribunal & ors [1985] FCA 375

Swan Television & Radio Broadcasters Limited v Austalian Broadcasting Tribunal & ors [1985] FCA 375

The Tribunal did not err in law or take irrelevant considerations into account, and did not fail to consider a relevant matter, when it directed production and disclosure of Swan's documents. Section 19 required the Tribunal to begin from the principle of public hearings and public availability of evidence and documents, subject to confidentiality directions where desirable. The asserted "need to know" limitation was incompatible with that statutory scheme. Sections 106, 106A and 106B did not govern the inquiry disclosure task. Swan had itself put commercial viability in issue, the public-interest character of commercial television licensing was relevant to the balance, and the Tribunal...

Jurisdiction
Australia
Judgment Date
01 August 1985
Procedural Posture
Appeal From a Single Judge of the Federal Court Dismissing an Application Under the Administrative Decisions (judicial Review) Act 1977 to Quash Directions of the Australian Broadcasting Tribunal / Full Court Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['australian Broadcasting Tribunal Inquiry' 'disclosure of Commercially Sensitive Information' 'public Hearing and Open Justice' 'confidentiality Directions' 'relevance of Considerations in Exercise of Statutory Discretion']
['administrative Law' 'broadcasting and Television' 'judicial Review'] ['australian Broadcasting Tribunal Inquiry' 'disclosure of Commercially Sensitive Information' 'public Hearing and Open Justice' 'confidentiality Directions' 'relevance of Considerations in Exercise of Statutory Discretion']

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Procedural Posture

Appeal From a Single Judge of the Federal Court Dismissing an Application Under the Administrative Decisions (judicial Review) Act 1977 to Quash Directions of the Australian Broadcasting Tribunal / Full Court Appeal

Legal Issues

  1. 1 ['Whether the Australian Broadcasting Tribunal erred in law in applying s.19 of the Broadcasting and Television Act 1942 when directing disclosure of documents produced by an existing licensee.' 'Whether disclosure of documents should be confined on a "need to know" basis to the Tribunal and appropriate representatives of applicant licensees.' 'Whether ss.106, 106A and 106B of the Broadcasting and Television Act 1942 required or supported greater confidentiality for commercially sensitive information.' 'Whether the Tribunal took into account irrelevant considerations by considering that Swan voluntarily entered the inquiry and put commercial viability in issue, and that commercial television licences are granted by the Australian Government in the public interest.' "Whether the Tribunal failed to take into account that applicants for the licence were potential competitors who might benefit from access to Swan's information."]

Ratio Decidendi

The Tribunal did not err in law or take irrelevant considerations into account, and did not fail to consider a relevant matter, when it directed production and disclosure of Swan's documents. Section 19 required the Tribunal to begin from the principle of public hearings and public availability of evidence and documents, subject to confidentiality directions where desirable. The asserted "need to know" limitation was incompatible with that statutory scheme. Sections 106, 106A and 106B did not govern the inquiry disclosure task. Swan had itself put commercial viability in issue, the public-interest character of commercial television licensing was relevant to the balance, and the Tribunal...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay to each of the respondents its costs of the appeal.']