Campillo and Australian Customs Service

[2005] AATA 1196

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 1196

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No N2005/122

GENERAL ADMINISTRATIVE DIVISION		)
Re		JOSE CAMPILLO

Applicant

And AUSTRALIAN CUSTOMS SERVICE

Respondent

DECISION

Tribunal Senior Member Allen

Date2 December 2005

PlaceSydney

Decision The decision under review, being the internal review decision of 3 September 2004 as varied by decision of this Tribunal dated 21 November 2005, is affirmed.

(Sgd)  M D Allen     ..............................................

Senior Member

CATCHWORDS

Freedom of Information – Applicant seeks access to report concerning joint customs and Australian Federal Police operation – Respondent relies on ss 36, 37 and 41 exemptions – the concept of public interest – what constitutes personal information – disclosure of investigative methods and procedures would risk decreasing their effectiveness – held that the exemptions were made out – decision under review affirmed.

Freedom of Information Act 1992 ss 36, 37, and 41

News Corporation Limited v National Companies and Securities Commission (No 4) (1984) 1 FCR 64

Dwyer and Department of Finance (& Superannuation Fund Investment Trust (1985) 8 ALD 474

Re James and Australian National University (1984) 6 ALD 687

McKinnon v Secretary, Department of Treasury [2005] FCAFC 142

Re Mickelberg and Australian Federal Police (1984) 6 ALN N176

Re Edelsten and Australian Federal Police (unreported AAT 2454; 10 December 1985)

Re Anderson and Australian Federal Police (1986) 11 ALD 355

Ward v Centrelink (2005) 84 ALD 231

Kristoffersen v Department of Employment Workplace Relations and Small Business [2002] FCA 55

Re Shewcroft and Australian Broadcasting Corporation (1985) 2 AAR 496

Re Williams and Registrar of the Federal Court of Australia (1985) 8 ALD 219

Wiseman v The Commonwealth of Australia (Unreported Full Federal Court) G167 of 1989, 24 October 1989.

Re Chandra and Minister for Immigration and Ethnic Affairs (1984) 6 ALN N257

Attorney-General v Cockcroft (1986) 10 FCR 180

REASONS FOR DECISION

Senior Member Allen

1.       The Applicant is currently serving a sentence of imprisonment for the crime of being knowingly concerned in the importation into Australia of not less than a commercial quantity of cocaine.

2.       For a history of the events giving rise to the Applicant’s conviction, see R v Campillo Vaquere [2004] NSW CCA 271.

3.       By letter dated 28 April 2004, the Applicant requested that the Respondent supply to him the document described as the “Significant Detention Analysis Report – Folios 1 through to 23” concerning a joint Customs, Australian Federal Police (the AFP) operation codenamed “Ethos”.

4. The code name “Ethos” is the name given by the Australian Customs Service (Customs). As document T5, (p 19 of the documents prepared for the Tribunal pursuant to s 37 of the Administrative Appeals Tribunal Act 1975) (the AAT Act) discloses, the AFP code name for the operation was “gentle”.

5.       During the course of the hearing of this matter, the Applicant referred to other documents which he had requested from the Respondent.  The solicitor for the Respondent pointed out that those documents had been the subject…