Garrett and Other

The Australian Information Commissioner (AIC) was the respondent in an application brought by Mr Garrett, in the name of the Australian People Future Fund, concerning seven purported decisions. The applicant sought review of these decisions, which were identified as Memoranda of Understanding (MOUs) between Australian agencies.

The primary legal issue before the Tribunal was whether the MOUs constituted "decisions" within the meaning of the relevant legislation, and therefore whether the Tribunal had jurisdiction to review them. The applicant also sought an extension of time for the review, which was contingent on the Tribunal having jurisdiction.

The Tribunal determined that MOUs do not meet the definition of a "decision" and are not decisions taken under a Commonwealth enactment. Consequently, the Tribunal lacked jurisdiction to review the purported decisions. As the Tribunal had no jurisdiction to review the matters, the application for an extension of time was also dismissed. The Tribunal therefore dismissed the applications under s 42A(4) of the Administrative Appeals Tribunal Act.