FEDERAL COURT OF AUSTRALIA
Chu v Telstra Corporation Limited [2005] FCA 1730
ADMINISTRATIVE APPEAL – appeal from decision of Administrative Appeals Tribunal – refusal of access to personnel files – s 24A Freedom of Information Act 1982 (Cth) – preliminary question - whether “all reasonable steps” is a jurisdictional fact
ADMINISTRATIVE APPEAL – appeal from decision of Administrative Appeals Tribunal – numerous requests for access to personnel file – access refused on the basis that no further documents could be located – interpretation of s 24A – whether respondent took all reasonable steps – whether Tribunal applied the correct test in determining what constitutes “all reasonable steps”
Freedom of Information Act 1982 (Cth) s 24A
Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 cited
Australian Heritage Commission v Mount Isa Mines Ltd (1997) 187 CLR 297 cited
CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 followed
Network Ten Pty Ltd v TCN Channel Nine Pty Ltd (2004) 205 ALR 1 cited
Cabal v Attorney-General (2001) 113 FCR 154 considered
Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 55 cited
Santa Sabina College v Minister for Education (1985) 58 ALR 527 cited
Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 citedRICHARD CHU v TELSTRA CORPORATION LIMITED
No VID 1443 of 2004
FINN J
ADELAIDE
1 DECEMBER 2005
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VID 1443 OF 2004
BETWEEN:
RICHARD CHU
APPLICANTAND:
TELSTRA CORPORATION LIMITED
RESPONDENTJUDGE:
FINN J
DATE OF ORDER:
1 DECEMBER 2005
WHERE MADE:
ADELAIDE
THE COURT ORDERS THAT:
1. The application be allowed.
2.The decision of the Administrative Appeals Tribunal dated 28 October 2004 be set aside.
3.The matter be remitted to the Tribunal for re-determination.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VID 1443 OF 2004
BETWEEN:
RICHARD CHU
APPLICANTAND:
TELSTRA CORPORATION LIMITED
RESPONDENT
JUDGE:
FINN J
DATE:
1 DECEMBER 2005
PLACE:
ADELAIDE
REASONS FOR JUDGMENT
The conduct of Telstra Corporation Ltd (“Telstra”) in the events giving rise to this application, was an understandable source of frustration for the applicant, Richard Chu. Likewise, the reasons of the Administrative Appeals Tribunal (“the Tribunal”) impugned in the application provide reason for pause. Suffice it to say at the outset that they betray an error of law.
The application challenges a decision of the Tribunal affirming a decision of Telstra under s 24A of the Freedom of Information Act 1982 (Cth) (“the FOI Act”) to refuse Mr Chu access to his personal and personnel files that had not previously been provided to him.
Section 24A, insofar as presently relevant, provides:
“Requests may be refused if documents cannot be found or do not exist
An agency or Minister may refuse a request for access to a document if:
(a)all reasonable steps have been taken to find…
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- Case
- [2005] FCA 1730
- Decision Date
CaseChat Overview and Summary
The court examined Telstra's submissions regarding the meaning of "reasonable steps" and noted that the AAT had referred to previous decisions that suggested that the steps required need not be exhaustive. The court inferred that the AAT had relied on these authorities in reaching its conclusion that Telstra had satisfied the all reasonable steps requirement. However, the court found that the AAT had not sufficiently considered the purpose for which Mr. Chu had requested the documents, a factor relevant to assessing the reasonableness of the search conducted by Telstra. The court concluded that the AAT had erred in its interpretation and application of section 24A, and that the decision should be set aside and the matter remitted for re-determination.
The orders made by the court were that the application for judicial review be allowed, the decision of the AAT dated 28 October 2004 be set aside, and the matter be remitted to the AAT for re-determination in light of the court's findings. This outcome underscored the importance of properly considering all relevant factors in assessing whether an agency has fulfilled its obligations under section 24A of the Freedom of Information Act.
Orders
Orders of the court
1. The application be allowed.
2. The decision of the Administrative Appeals Tribunal dated 28 October 2004 be set aside.
3. The matter be remitted to the Tribunal for re-determination.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: FINN J
Full text does not contain this section.