Attorney Generals Department & Australian Iron & Steel Pty Ltd v. Cockcroft, P. [1986] FCA 39

Attorney Generals Department & Australian Iron & Steel Pty Ltd v. Cockcroft, P. [1986] FCA 39

The Tribunal erred in law by construing s.43(1)(c)(ii) as requiring proof on the balance of probabilities that disclosure would prejudice future supply of information, rather than asking whether the expectation of prejudice was reasonably based. It also wrongly relied on Australian Iron and Steel Pty Limited's conduct during the pendency of the review proceedings as showing continued future cooperation despite disclosure. The Tribunal further erred under s.45(1) by treating limited disclosures to the union and between Ministers as destroying any confidentiality; the later communications and documents had to be assessed in their own context and confidentiality may survive limited...

Jurisdiction
Australia
Judgment Date
21 February 1986
Procedural Posture
Appeals From the Administrative Appeals Tribunal Pursuant to S.44 of the Administrative Appeals Tribunal Act, 1975 Concerning Freedom of Information Act Exemption Claims / Appeals Allowed; Administrative Appeals Tribunal Decisions Set Aside and Matter Remitted for Rehearing With Further Evidence
Outcome
Appeals allowed.
Legal Topics
['exempt Documents' 'business, Commercial or Financial Affairs Information' 'future Supply of Information to the Commonwealth or an Agency' 'breach of Confidence' 'confidential Information']
['administrative Law' 'freedom of Information'] ['exempt Documents' 'business, Commercial or Financial Affairs Information' 'future Supply of Information to the Commonwealth or an Agency' 'breach of Confidence' 'confidential Information']

Case Brief

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Procedural Posture

Appeals From the Administrative Appeals Tribunal Pursuant to S.44 of the Administrative Appeals Tribunal Act, 1975 Concerning Freedom of Information Act Exemption Claims / Appeals Allowed; Administrative Appeals Tribunal Decisions Set Aside and Matter Remitted for Rehearing With Further Evidence

Legal Issues

  1. 1 ['Whether documents and parts of documents were exempt from disclosure under s.43(1)(c)(ii) of the Freedom of Information Act 1982 because disclosure could reasonably be expected to prejudice the future supply of information to the Commonwealth or an agency.' 'Whether documents were exempt under s.45(1) of the Freedom of Information Act 1982 because disclosure would constitute a breach of confidence.' 'Whether the Administrative Appeals Tribunal erred in construing s.43(1)(c)(ii) as requiring proof that prejudice to future supply of information was more probable than not.' 'Whether prior limited disclosures by Australian Iron and Steel Pty Limited destroyed the confidentiality required for s.45(1).']

Ratio Decidendi

The Tribunal erred in law by construing s.43(1)(c)(ii) as requiring proof on the balance of probabilities that disclosure would prejudice future supply of information, rather than asking whether the expectation of prejudice was reasonably based. It also wrongly relied on Australian Iron and Steel Pty Limited's conduct during the pendency of the review proceedings as showing continued future cooperation despite disclosure. The Tribunal further erred under s.45(1) by treating limited disclosures to the union and between Ministers as destroying any confidentiality; the later communications and documents had to be assessed in their own context and confidentiality may survive limited...

Court Disposition

Appeals allowed.

Orders

  • ['The appeals be allowed.' 'The decisions of the Administrative Appeals Tribunal be set aside.' 'The matter be remitted to be heard and decided again, with the hearing of further evidence.' "Peter Cockcroft pay the costs of the Attorney-General's Department and Australian Iron and Steel Pty. Limited in these appeals."]