CHANNEL 31 COMMUNITY EDUCATIONAL TELEVISION LTD -v- INGLIS [2001] WASCA 405
| (2001) 25 WAR 147 | |||
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASCA 405 | |
| Case No: | SJA:1126/2001 | 6 DECEMBER 2001 | |
| Coram: | HASLUCK J | 14/12/01 | |
| 15 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed | ||
| A | |||
| PDF Version |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : CHANNEL 31 COMMUNITY EDUCATIONAL TELEVISION LTD -v- INGLIS [2001] WASCA 405 CORAM : HASLUCK J HEARD : 6 DECEMBER 2001 DELIVERED : 14 DECEMBER 2001 FILE NO/S : SJA 1126 of 2001 BETWEEN : CHANNEL 31 COMMUNITY EDUCATIONAL TELEVISION LTD
- Appellant
AND
GORDON WALLISS INGLIS
Respondent
Catchwords:
Freedom of information - Right of access to the documents of an agency - Meaning of agency - Whether a community television and broadcasting station is an agency - Meaning of public body or office - Channel 31 held not to be a body that is established for a public purpose under a written law
Legislation:
Broadcasting Services Act 1992 (Cth)
Freedom of Information Act 1992, s 3, s 10(1), s 85
Interpretation Act 1984 (WA) , s 18
Result:
Appeal allowed
(Page 2)
Category: A
Representation:
Counsel:
Appellant : Mr J C Curthoys
Respondent : In person
Solicitors:
Appellant : Richard O'Shannassy & Co
Respondent : In person
Case(s) referred to in judgment(s):
Commissioner of Police v District Court of NSW (1993) 31 NSWLR 606
Delegate of the Australian Postal Commission v Mackay District Cane Growers' Executive (1979) 37 FLR 472
Ex parte Professional…
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- Case
- [2001] WASCA 405
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were twofold: whether Channel 31 constituted an "agency" under the Act, and whether it could be considered a "public body or office" established for a public purpose under a written law. The court had to determine if Channel 31's activities and operations were of a public nature and whether it was established with a view to achieving a public purpose. The court considered the nature of Channel 31's activities, its funding, and its governance structure in making its decision.
The court found that Channel 31 did not qualify as an "agency" for the purposes of the Freedom of Information Act. The reasoning was that Channel 31 was not established for a public purpose under a written law and did not operate as a public body or office. The court concluded that while Channel 31 did engage in activities that had a public benefit, it was not established with a view to achieving a public purpose, and its funding and governance did not align with the characteristics of a public body or office. Consequently, the court ruled that the documents in question were not subject to the right of access under the Act. The appeal was allowed, and the orders sought by Channel 31 were dismissed.
Orders
Orders of the court
Appeal allowed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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