Endacott and Chief Executive Officer, Services Australia (Freedom of information)

The Administrative Appeals Tribunal (AAT) considered the jurisdiction of the Tribunal in *Endacott and Chief Executive Officer, Services Australia (Freedom of information)*. The applicant, Mr Endacott, sought access to documents under the *Freedom of Information Act 1982* (Cth) (FOI Act). The Chief Executive Officer of Services Australia (the respondent) refused access to certain documents. Mr Endacott sought review of this decision by the AAT.

The central legal issue before the Tribunal was whether it possessed the necessary jurisdiction to hear and determine the application for review. Specifically, the Tribunal had to consider the effect of section 42A(4) of the *Administrative Appeals Tribunal Act 1978* (Cth) in light of the applicant's circumstances and the nature of the FOI decision under review.

The Tribunal determined that it lacked jurisdiction to proceed with the review. It reasoned that section 42A(4) of the *Administrative Appeals Tribunal Act 1978* (Cth) imposed a jurisdictional limitation that prevented the Tribunal from hearing applications for review where the decision under review was made by the Chief Executive Officer of Services Australia in relation to a request for access to documents under the FOI Act. This limitation was found to be operative irrespective of the merits of the FOI request or the refusal.

Consequently, the Tribunal made an order striking out the application for review for want of jurisdiction.