FTZQ and Australian Information Commissioner (Freedom of information)

The Administrative Appeals Tribunal considered an application by FTZQ for access to documents held by the Australian Information Commissioner. FTZQ sought access to further reasons and material related to a confidentiality order made under section 35 of the *Freedom of Information Act 1982* (Cth) concerning certain documents. The Commissioner had refused to provide this further information.

The Tribunal was required to determine whether the Commissioner had acted lawfully in refusing FTZQ's request for further reasons and material pertaining to the section 35 confidentiality order. Specifically, the Tribunal had to consider the scope of the Commissioner's obligations under section 37 of the *Freedom of Information Act 1982* (Cth) in relation to such orders.

Deputy President Rayment Oam Kc P found that the Commissioner's refusal was justified. The Tribunal reasoned that section 37 of the Act, which deals with the provision of further reasons and material, does not compel the disclosure of information that would itself reveal the substance of the confidential material or the basis for its confidentiality. The Deputy President concluded that the Commissioner had provided sufficient reasons for the section 35 order without disclosing material that would undermine the confidentiality. The interlocutory applications made by FTZQ were therefore refused.