Francis and Chief Executive Officer, Sport Integrity Australia (Freedom of information)

The Administrative Appeals Tribunal considered a freedom of information dispute between Mr. Francis and the Chief Executive Officer of Sport Integrity Australia. The core of the disagreement concerned Mr. Francis's request for access to documents, and whether these documents were exempt from disclosure.

The Tribunal was required to determine whether the requested documents were lawfully available to the public, specifically addressing whether a leak of information constituted public disclosure for the purposes of freedom of information legislation, and whether any potential disclosure involved a breach of confidence.

Deputy President R I Hanger AM KC reasoned that while much of the information regarding the Essendon investigations might be publicly known, its presence in the public arena was largely due to unauthorised leaks, not lawful disclosure. The Tribunal affirmed the policy of freedom of information legislation to promote general availability of information, but held that unlawful publication or breaches of confidence do not render material automatically accessible under freedom of information provisions, as this would effectively reward wrongdoing. The Tribunal affirmed the decision under review.