Hall v Independent Commission Against Corruption (No 2) [2008] NSWADT 299

Hall v Independent Commission Against Corruption (No 2) [2008] NSWADT 299

The Tribunal is without jurisdiction to review the ICAC's refusal as the requested document is exempt from the FOI Act under section 9 and Schedule 2, and thus the ICAC’s response is not a reviewable decision.

Source-derived case information.

Parties
Applicant: Ian Milton Hall; Respondent: The Independent Commission against Corruption
Jurisdiction
Australia
Judgment Date
06 November 2008
Procedural Posture
Application for Review Under the Freedom of Information Act 1989 / Decision on the Papers
Outcome
Application dismissed
Legal Topics
Access to Documents, Jurisdiction, FOI Exemptions
Administrative Law Freedom of Information Access to Documents Jurisdiction FOI Exemptions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ian Milton Hall

Applicant

The Independent Commission against Corruption

Respondent

Procedural Posture

Application for Review Under the Freedom of Information Act 1989 / Decision on the Papers

Legal Issues

  1. 1 Whether ICAC's response to an FOI request is a reviewable decision under section 53 of the FOI Act
  2. 2 Whether the requested document is exempt from the operation of the FOI Act

Ratio Decidendi

The Tribunal is without jurisdiction to review the ICAC's refusal as the requested document is exempt from the FOI Act under section 9 and Schedule 2, and thus the ICAC’s response is not a reviewable decision.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.