Kline v Official Secretary to the Governor-General [2012] FCAFC 184

Kline v Official Secretary to the Governor-General [2012] FCAFC 184

Documents relating to the substantive powers and functions of the Governor-General, such as those concerning nominations, awards, and administration of the Order of Australia, are not documents of an administrative nature for the purposes of s 6A of the Freedom of Information Act 1982 (Cth), and are therefore excluded from the Act's application.

Parties
Applicant: Karen Kline; First Respondent: Official Secretary to the Governor-General; Second Respondent: Registrar, Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
19 December 2012
Procedural Posture
Appeal / Judgment on Appeal From Administrative Appeals Tribunal
Outcome
Appeal dismissed
Legal Topics
Access to Government Documents, Scope of Freedom of Information Act, Administrative Nature of Documents, Governor General's Substantive Functions
Administrative Law Freedom of Information Access to Government Documents Scope of Freedom of Information Act Administrative Nature of Documents Governor General's Substantive Functions

Case Brief

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Parties

Karen Kline

Applicant

Official Secretary to the Governor-General

First Respondent

Registrar, Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether documents held by the Official Secretary to the Governor-General relating to the Order of Australia are of an 'administrative nature' for the purposes of s 6A of the Freedom of Information Act 1982 (Cth)
  2. 2 Proper construction and application of s 6A of the Freedom of Information Act 1982 (Cth)

Ratio Decidendi

Documents relating to the substantive powers and functions of the Governor-General, such as those concerning nominations, awards, and administration of the Order of Australia, are not documents of an administrative nature for the purposes of s 6A of the Freedom of Information Act 1982 (Cth), and are therefore excluded from the Act's application.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The applicant pay the first respondent's costs.