Independent Commission Against Corruption v Gerard Michael McGuirk [2007] NSWSC 147

Independent Commission Against Corruption v Gerard Michael McGuirk [2007] NSWSC 147

The Madgwick Report related to ICAC's corruption prevention, complaint handling, investigative and report functions. By s9 and Schedule 2 of the Freedom of Information Act 1989, ICAC was exempt from the operation of the Act in relation to those functions, so s24 did not oblige ICAC to consider and determine the access application. The ADT Appeal Panel therefore had no jurisdiction to direct ICAC to consider and determine the application, and its orders had to be set aside.

Jurisdiction
Australia
Judgment Date
02 March 2007
Procedural Posture
Application for Leave to Appeal Under S119 of the Administrative Decisions Tribunal Act 1997 Against a Decision of the Appeal Panel of the Administrative Decisions Tribunal Concerning Access to a Document Under the Freedom of Information Act 1989 / Leave to Appeal and Appeal in the Supreme Court of New South Wales
Outcome
Application for leave to appeal granted; appeal allowed; orders of the ADT Appeal Panel set aside; orders of the ADT General Division restored.
Legal Topics
['access to Documents' 'exempt Documents' 'exemption of ICAC From Operation of the Freedom of Information Act 1989' 'administrative Decisions Tribunal Jurisdiction' 'construction of S9 of the Freedom of Information Act 1989']
['administrative Law' 'freedom of Information'] ['access to Documents' 'exempt Documents' 'exemption of ICAC From Operation of the Freedom of Information Act 1989' 'administrative Decisions Tribunal Jurisdiction' 'construction of S9 of the Freedom of Information Act 1989']

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Procedural Posture

Application for Leave to Appeal Under S119 of the Administrative Decisions Tribunal Act 1997 Against a Decision of the Appeal Panel of the Administrative Decisions Tribunal Concerning Access to a Document Under the Freedom of Information Act 1989 / Leave to Appeal and Appeal in the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether s9 of the Freedom of Information Act 1989 exempted ICAC from the operation of the Act in relation to the Madgwick Report.' "Whether ICAC was obliged under s24 of the Freedom of Information Act 1989 to consider and determine Mr McGuirk's application for access to the Madgwick Report." 'Whether the Administrative Decisions Tribunal Appeal Panel had jurisdiction to set aside the General Division decision and remit the matter for reconsideration.']

Ratio Decidendi

The Madgwick Report related to ICAC's corruption prevention, complaint handling, investigative and report functions. By s9 and Schedule 2 of the Freedom of Information Act 1989, ICAC was exempt from the operation of the Act in relation to those functions, so s24 did not oblige ICAC to consider and determine the access application. The ADT Appeal Panel therefore had no jurisdiction to direct ICAC to consider and determine the application, and its orders had to be set aside.

Court Disposition

Application for leave to appeal granted; appeal allowed; orders of the ADT Appeal Panel set aside; orders of the ADT General Division restored.

Orders

  • ['Application for leave to appeal granted.' 'Appeal allowed.' 'Orders made by the Appeal Panel of the Administrative Decisions Tribunal on 16 April 2006 set aside.' 'Orders made by Administrative Decisions Tribunal of 20 January 2006 restored.']