Bulley v Commonwealth of Australia

The New South Wales Court of Appeal heard an appeal by Mr Bulley against the Commonwealth of Australia concerning the validity of a notice issued under section 16 of the *Freedom of Information Act 1982* (Cth). Mr Bulley sought access to documents relating to his employment with the Commonwealth, but the Commonwealth issued a notice under section 16, which stated that the documents were exempt from disclosure under section 45 of the Act. Section 45 provides an exemption for documents in respect of which the Commonwealth is under an obligation to the government of a foreign country or the government of an international organisation.

The primary legal issue before the Court of Appeal was whether the notice issued under section 16 of the *Freedom of Information Act 1982* (Cth) was valid. This required the Court to determine whether the Commonwealth had established that it was under an obligation to a foreign government or international organisation in respect of the documents sought by Mr Bulley, thereby justifying their exemption from disclosure under section 45 of the Act.

The Court of Appeal found that the notice issued under section 16 was invalid. It reasoned that the Commonwealth had failed to demonstrate that it was under an obligation to a foreign government or international organisation concerning the documents. The Court emphasised that the onus was on the Commonwealth to prove the existence of such an obligation, and that mere assertions or assumptions were insufficient. Without evidence establishing the requisite obligation, the exemption under section 45 could not be invoked, and consequently, the section 16 notice was ineffective.

The Court of Appeal allowed Mr Bulley's appeal and set aside the notice issued under section 16 of the *Freedom of Information Act 1982* (Cth).