Jetstar Airways Pty Ltd and Civil Aviation Safety Authority (Freedom of information)

This matter concerned an application by Jetstar Airways Pty Ltd for review of a decision by the Civil Aviation Safety Authority (CASA) under the *Freedom of Information Act 1982* (Cth). Jetstar had sought access to certain interim documents from CASA, which CASA had refused to provide, asserting they were exempt documents. The dispute ultimately came before the Administrative Appeals Tribunal for determination.

The primary legal issue before the Tribunal was whether the interim documents requested by Jetstar were exempt from disclosure under the *Freedom of Information Act 1982*. Specifically, the Tribunal had to consider the application of exemption provisions to documents that were part of an ongoing investigative or deliberative process, and whether the public interest in transparency and the expediency of proceedings outweighed any claimed exemptions.

The Tribunal reasoned that while CASA had a legitimate interest in conducting its investigations and deliberations without undue interference, the overarching objects of the *Freedom of Information Act 1982*, including promoting transparency and accountability, were paramount. The Tribunal found that the public interest in understanding the basis of regulatory decisions, particularly those affecting an airline's operations, favoured disclosure. It concluded that the expediency of the proceedings, and the need for Jetstar to be fully informed to participate effectively, also weighed in favour of granting access. Consequently, the Tribunal determined that the documents were not exempt and ordered that they be provided to Jetstar.