O'Donoghue v Australian Information Commissioner (No 2) [2013] FCA 52

O'Donoghue v Australian Information Commissioner (No 2) [2013] FCA 52

There was no evidence of a second FOI request being made by the applicant to the Department, and in its absence, the Information Commissioner was entitled to decide not to investigate the complaint; the application for judicial review was therefore without merit and dismissed.

Parties
Applicant: Vincent Thomas O'Donoghue; First Respondent: Australian Information Commissioner; Second Respondent: Department of the Attorney-General; Third Respondent: The Attorney-General; Fourth Respondent: Minister for Justice
Jurisdiction
Australia
Judgment Date
06 February 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Freedom of Information, Judicial Review, Complaints Against Government Agencies
Administrative Law Freedom of Information Judicial Review Complaints Against Government Agencies

Case Brief

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Parties

Vincent Thomas O'Donoghue

Applicant

Australian Information Commissioner

First Respondent

Department of the Attorney-General

Second Respondent

The Attorney-General

Third Respondent

Minister for Justice

Fourth Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Information Commissioner erred by not, or refusing to, investigate the applicant's complaint against the Attorney-General and the Department under s 69(1) of the Freedom of Information Act 1982 (Cth)
  2. 2 Whether there was evidence the Department had received the applicant's second FOI request
  3. 3 Whether the Information Commissioner was entitled to take no further action

Ratio Decidendi

There was no evidence of a second FOI request being made by the applicant to the Department, and in its absence, the Information Commissioner was entitled to decide not to investigate the complaint; the application for judicial review was therefore without merit and dismissed.

Court Disposition

Application dismissed

Orders

  • The application for judicial review is dismissed.
  • The applicant pay the costs of the respondents, to be taxed if not agreed.