Hall v Independent Commission Against Corruption [2008] NSWADT 271

Hall v Independent Commission Against Corruption [2008] NSWADT 271

Because whether the report to the ORC related to the ICAC's Schedule 2 functions was a jurisdictional fact and Mr Hall did not accept that it was such a document, the Tribunal should inspect the report on a confidential basis before making final orders. Subject to viewing the report, the Tribunal indicated general...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 October 2008
Procedural Posture
Application for Review of a Decision Concerning Access to Documents Under the Freedom of Information Act 1989 / On the Papers; Interim Order Before Final Orders
Outcome
Respondent ordered to provide the Tribunal with the report to the ORC on a confidential basis before final orders.
Legal Topics
['access to Documents' 'right of Review' 'tribunal Jurisdiction' 'section 9 and Schedule 2 Exemption' 'icac Complaint Handling and Investigative Functions']
['administrative Law' 'freedom of Information'] ['access to Documents' 'right of Review' 'tribunal Jurisdiction' 'section 9 and Schedule 2 Exemption' 'icac Complaint Handling and Investigative Functions']

Source-derived case record

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Procedural Posture

Application for Review of a Decision Concerning Access to Documents Under the Freedom of Information Act 1989 / On the Papers; Interim Order Before Final Orders

Legal Issues

  1. 1 ['Whether the document for which Mr Hall sought access is a document which comes within the corruption prevention, complaint handling, investigating and reporting functions of the ICAC.' "If it does, what powers, if any, the Tribunal has to review any decision the ICAC may have made in regard to Mr Hall's request for access to that document." 'Whether the report to the ORC is a section 9 Schedule 2 document.']

Ratio Decidendi

Because whether the report to the ORC related to the ICAC's Schedule 2 functions was a jurisdictional fact and Mr Hall did not accept that it was such a document, the Tribunal should inspect the report on a confidential basis before making final orders. Subject to viewing the report, the Tribunal indicated general agreement with the ICAC that it had no jurisdiction to review the 10 January 2008 decision if the report fell within section 9 and Schedule 2 of the Freedom of Information Act 1989.

Court Disposition

Respondent ordered to provide the Tribunal with the report to the ORC on a confidential basis before final orders.

Orders

  • ['On or before 10 October 2008 the Respondent to provide the Tribunal, on a confidential basis, with a copy of the report to the ORC as referred to in this decision.']