McGuirk v Independent Commissioner Against Corruption [2006] NSWADT 19

McGuirk v Independent Commissioner Against Corruption [2006] NSWADT 19

Because the Madgwick report related to ICAC's corruption prevention, complaint handling, investigative and report functions specified in Schedule 2 of the Freedom of Information Act 1989, section 9 exempted ICAC from the operation of the Act in respect of that document. No determination under section 24 could be made, and the Tribunal therefore had no jurisdiction to hear and determine the external review application.

Jurisdiction
Australia
Judgment Date
20 January 2006
Procedural Posture
Application for External Review Under the Freedom of Information Act 1989 / Preliminary Jurisdiction Issue Determined on the Papers
Outcome
Application dismissed for lack of jurisdiction.
Legal Topics
['access to Documents' 'exempt Bodies and Offices' 'icac Functions' 'tribunal Jurisdiction' 'external Review']
['administrative Law' 'freedom of Information'] ['access to Documents' 'exempt Bodies and Offices' 'icac Functions' 'tribunal Jurisdiction' 'external Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for External Review Under the Freedom of Information Act 1989 / Preliminary Jurisdiction Issue Determined on the Papers

Legal Issues

  1. 1 ["Whether the Tribunal had jurisdiction to hear and determine Mr McGuirk's application for external review." "Whether the Madgwick report related to ICAC's corruption prevention, complaint handling, investigative and report functions specified in Schedule 2 of the Freedom of Information Act 1989." 'Whether ICAC was exempt from the operation of the Freedom of Information Act 1989 in respect of the Madgwick report.']

Ratio Decidendi

Because the Madgwick report related to ICAC's corruption prevention, complaint handling, investigative and report functions specified in Schedule 2 of the Freedom of Information Act 1989, section 9 exempted ICAC from the operation of the Act in respect of that document. No determination under section 24 could be made, and the Tribunal therefore had no jurisdiction to hear and determine the external review application.

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • ["The Tribunal has no jurisdiction to hear and determine Mr McGuirk's application for external review."]