Australian Information Commissioner v Elstone Pty Limited [2018] FCA 463

Australian Information Commissioner v Elstone Pty Limited [2018] FCA 463

The Court lacked jurisdiction because the referred questions did not involve a matter within Ch III of the Constitution. They reflected a difference of opinion between the Information Commissioner and the Administrative Appeals Tribunal about the construction of s 55G of the FOI Act, not a dispute or controversy between the parties to the proceeding. Although there was a broader dispute between Sydney HeliTours and CASA about access to the unredacted document, the referred questions would not quell that dispute and would amount to an advisory opinion.

Jurisdiction
Australia
Judgment Date
09 April 2018
Procedural Posture
Referral of Questions of Law Under S 55 H of the Freedom of Information Act 1982 (cth) / Determination of Threshold Jurisdiction Issue on Amended Originating Application
Outcome
Amended originating application dismissed for want of jurisdiction because there was no matter for the purposes of Ch III of the Constitution.
Legal Topics
['federal Jurisdiction' 'matter Under Ch III of the Constitution' 'referral of Questions of Law by the Australian Information Commissioner' 'construction and Application of S 55 G of the Freedom of Information Act 1982 (cth)' 'submitting Notices' 'amicus Curiae']
['constitutional Law' 'administrative Law' 'freedom of Information' 'practice and Procedure'] ['federal Jurisdiction' 'matter Under Ch III of the Constitution' 'referral of Questions of Law by the Australian Information Commissioner' 'construction and Application of S 55 G of the Freedom of Information Act 1982 (cth)' 'submitting Notices' 'amicus Curiae']

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Procedural Posture

Referral of Questions of Law Under S 55 H of the Freedom of Information Act 1982 (cth) / Determination of Threshold Jurisdiction Issue on Amended Originating Application

Legal Issues

  1. 1 ['Whether the amended originating application referring two questions of law under s 55H of the Freedom of Information Act 1982 (Cth) involved a matter within the meaning of Ch III of the Constitution.' "Whether CASA's decision dated 20 February 2017 to give Sydney HeliTours access to further parts of the document under review was a revised decision within the meaning of s 55G of the Freedom of Information Act 1982 (Cth)." "Whether CASA's decision dated 20 February 2017 was the decision under review pursuant to s 55G(2)(b) of the Freedom of Information Act 1982 (Cth)."]

Ratio Decidendi

The Court lacked jurisdiction because the referred questions did not involve a matter within Ch III of the Constitution. They reflected a difference of opinion between the Information Commissioner and the Administrative Appeals Tribunal about the construction of s 55G of the FOI Act, not a dispute or controversy between the parties to the proceeding. Although there was a broader dispute between Sydney HeliTours and CASA about access to the unredacted document, the referred questions would not quell that dispute and would amount to an advisory opinion.

Court Disposition

Amended originating application dismissed for want of jurisdiction because there was no matter for the purposes of Ch III of the Constitution.

Orders

  • ['The amended originating application be dismissed.' 'There be no order as to costs.']