Australian Broadcasting Corporation & Ors v Chau

The Australian Broadcasting Corporation (ABC) and other applicants sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) concerning the disclosure of documents under the *Freedom of Information Act 1982* (Cth). The dispute centred on whether certain documents, which contained information about the ABC's internal deliberations regarding a proposed program featuring Mr Chau, were exempt from disclosure. The matter came before the High Court of Australia.

The High Court was required to determine whether the AAT had erred in law in its interpretation and application of the exemptions provided by the *Freedom of Information Act 1982* (Cth), specifically concerning documents that would reveal the deliberations of the Executive Council or Cabinet, and documents that would prejudice the Commonwealth's commercial or financial interests. The central question was whether the AAT had correctly applied the principles of statutory interpretation to the relevant provisions of the Act in assessing the claim for exemption by the ABC.

Gageler and Gordon JJ found that the AAT had made an error of law in its assessment of the exemptions. Their Honours explained that the AAT had failed to properly consider the nature of the documents and the specific wording of the exemptions. They emphasised that the exemptions must be interpreted strictly and that the onus was on the agency claiming exemption to demonstrate that the documents fell within the scope of the statutory provisions. The Court reiterated the importance of the public interest in disclosure under the *Freedom of Information Act 1982* (Cth) and the need for a careful and precise application of exemption provisions.

The High Court ordered that the AAT's decision be set aside and remitted the matter to the AAT for redetermination according to law.