Chairperson, Aboriginal & Torres Strait Islander Commission v Commonwealth Ombudsman

[1995] FCA 1111

IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY )    No. G 72 of 1995
GENERAL DIVISION                 )

Between:CHAIRPERSON, ABORIGINAL & TORRES STRAIT ISLANDER COMMISSION

Applicant

And:COMMONWEALTH OMBUDSMAN

Respondent

ORDERS AND DECLARATIONS

EINFELD J                  SYDNEY           22 DECEMBER 1995

The Chairperson (the applicant) of the Aboriginal and Torres Strait Islander Commission (ATSIC) applied for judicial review of a decision of the Commonwealth Ombudsman (the Ombudsman) to issue a report on 30 January 1995 to the applicant under section 15 of the Ombudsman Act 1976 (the Act) and to give the report other public exposure as permitted by the Act. The hearing took place in March 1995. The facts of the case and detailed reasons for judgment were published on 21 September 1995 and there is no reason to repeat them here except to say that the application was allowed in part and the parties were ordered to bring in short minutes of order to reflect the conclusions. However, agreement between the parties was not reached and separate sets of proposed orders were presented. I have considered them all and the arguments propounded in their support. In consequence the Court:

1. Declares that the report by the Ombudsman to ATSIC of 30 January 1995 (the report) is authorised by law except in relation of Findings 3, 5, 9 (last 4 lines), 30 and Appendices 4G and 5. 

1. Orders that the application be otherwise dismissed.

1. Orders that Findings 3, 5, 9 (last 4 lines), and 30 of the report together with their supporting reasons and Appendices 4G and 5 not be:

a)furnished as information to the Prime Minister under section 16 of the Act and hence included in a report forwarded to the President of the Senate and the Speaker of the House of Representatives for presentation to their respective Houses of the Parliament;

b)disclosed under section 35A of the Act; and

c)forwarded to New Burnt Bridge Corporation under section 12 of the Act.

1. Vacates all existing orders under section 50 of the Federal Court Act prohibiting publication of the exhibits and the judgment.

1. Notes the undertaking of the respondent, in substitution for those given to the Court on 14 February 1995, that she will not publish or otherwise disseminate those parts of the report referred to in 1 and 3 hereof.

1. Orders the parties to pay their own costs.

1. Stays these orders up to the end of Court business on Friday January 12 1996.

1. Reserves liberty to apply, if necessary in the Court vacation.