McGuirk v Director General, The Cabinet Office [2007] NSWADT 9

McGuirk v Director General, The Cabinet Office [2007] NSWADT 9

All documents in dispute are restricted documents falling within the Cabinet exemption under Clause 1 of Schedule 1 to the FOI Act. Therefore, it is not necessary for the Tribunal to consider internal working document or legal professional privilege exemptions or to consider public interest override at this stage.

Parties
Applicant: Gerard Michael McGuirk; Respondent: Director General, The Cabinet Office
Jurisdiction
Australia
Judgment Date
10 January 2007
Procedural Posture
External Review Under Freedom of Information Act 1989 / Interlocutory Directions Before Final Determination
Outcome
Matter adjourned for further directions
Legal Topics
Access to Documents, Cabinet Documents Exemption, Internal Working Documents, Legal Professional Privilege, Public Interest Discretion
Administrative Law Freedom of Information Access to Documents Cabinet Documents Exemption Internal Working Documents Legal Professional Privilege Public Interest Discretion

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Parties

Gerard Michael McGuirk

Applicant

Director General, The Cabinet Office

Respondent

Procedural Posture

External Review Under Freedom of Information Act 1989 / Interlocutory Directions Before Final Determination

Legal Issues

  1. 1 Whether documents sought by the applicant are exempt as cabinet documents under Clause 1 of Schedule 1 to the FOI Act
  2. 2 Whether documents are exempt as internal working documents under Clause 9 of Schedule 1 to the FOI Act
  3. 3 Whether documents are exempt by reason of legal professional privilege under Clause 10 of Schedule 1 to the FOI Act

Ratio Decidendi

All documents in dispute are restricted documents falling within the Cabinet exemption under Clause 1 of Schedule 1 to the FOI Act. Therefore, it is not necessary for the Tribunal to consider internal working document or legal professional privilege exemptions or to consider public interest override at this stage.

Court Disposition

Matter adjourned for further directions

Orders

  • The matter is to be set down for further directions on Monday, 5 February 2007 at 9.30am.