Audit Office of New South Wales v Cianfrano (GD) [2008] NSWADTAP 77

Audit Office of New South Wales v Cianfrano (GD) [2008] NSWADTAP 77

The phrase 'report functions' in Schedule 2, item 1 of the FOI Act should be interpreted according to its ordinary meaning and includes all species of reporting referred to in the Public Finance and Audit Act 1983; distinctions between 'public' and 'non-public' or 'operational' and 'administrative' functions are neither required nor supported by the statute. As such, the Tribunal lacked jurisdiction because the documents about report functions are exempt under s 9 and Schedule 2.

Jurisdiction
Australia
Judgment Date
25 November 2008
Procedural Posture
Appeal / Interlocutory
Outcome
Appeal allowed; application dismissed for want of jurisdiction.
Legal Topics
['agency Functions Exemption' 'auditor General' 'report Functions' 'jurisdiction Under FOI Act']
['administrative Law' 'freedom of Information'] ['agency Functions Exemption' 'auditor General' 'report Functions' 'jurisdiction Under FOI Act']

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Procedural Posture

Appeal / Interlocutory

Legal Issues

  1. 1 ["Whether the documents sought fall within the Auditor-General's exempt 'report functions' under s 9 and Schedule 2 of the FOI Act 1989" "Proper interpretation of 'report functions' in the context of Schedule 2, item 1 of the FOI Act 1989" 'Whether the Tribunal had jurisdiction to review the application given the exemption']

Ratio Decidendi

The phrase 'report functions' in Schedule 2, item 1 of the FOI Act should be interpreted according to its ordinary meaning and includes all species of reporting referred to in the Public Finance and Audit Act 1983; distinctions between 'public' and 'non-public' or 'operational' and 'administrative' functions are neither required nor supported by the statute. As such, the Tribunal lacked jurisdiction because the documents about report functions are exempt under s 9 and Schedule 2.

Court Disposition

Appeal allowed; application dismissed for want of jurisdiction.

Orders

  • ['Leave granted.' 'Appeal allowed.' 'Application dismissed for want of jurisdiction.']