Johnston and Australian Postal Corporation

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 144

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2005/546

GENERAL ADMINISTRATIVE DIVISION		)
Re		ALAN JOHNSTON

Applicant

And AUSTRALIAN POSTAL CORPORATION

Respondent

DECISION

Tribunal Dr KS Levy, Member

Date22 February 2006

PlaceBrisbane

Decision

§  The Tribunal decides, in accordance with the purpose of the Freedom of Information Act 1982 and the provisions considered, to vary the decision. Subsequently the applicant is entitled to the following information

           (a)      the name of the LPO (the first column);

           (b)      the official street address of the LPO (the third column);

           (c)       the suburb and State of the LPO (the fourth column); and

           (d)      the postcode of the LPO (the fifth column).

§  The Tribunal affirms the decision in respect of the following material, and hence the following are exempt –

           (a)      the name of the licensee (the second column on the      Australia Post list);

           (b)      the telephone numbers (the sixth and seventh columns on            the Australia Post list);

           (c)       exhibits A and B of the Affidavit of Michael John Leonard   Keen dated 8 December 2005.

§  The Tribunal orders that the documents provided to the Tribunal disclosing the full information, and which are the property of Australia Post, should remain sealed at the Tribunal and should be returned to the respondent intact upon publication of this decision.

.         .........[Sgd].......

KS Levy
  Member

4.      Documentary evidence was admitted as follows:

Exhibit 1Submission to Australian Competition and Consumer Commission (ACCC) by Australian Newsagents’ Federation Limited – December 2005

Exhibit 2Letter to ACCC from United Newsagents of Australia dated 1 December 2005

Exhibit 3Affidavit of Michael John Leonard Keen sworn 8 December 2005

Exhibit 4On 8 November 2005 lodged pursuant to Section 37 of the Administrative Appeals Tribunal Act 1975 (the “T” Documents).

Confidentiality Orders

5. At the commencement of the hearing a number of preliminary issues were dealt with, including documents which the respondent claimed were exempt under the Act. There were two such documents which were referred to and subsequently, during the course of the hearing, the respondent produced a further list of information which the applicant specifically sought, and which, it was claimed, was exempt under the Act. In respect of those three documents, I made preliminary orders under Section 64(1) of the Act that those documents were to be restricted to the Tribunal only, until further order. I also made an order in respect to the same documents under Section 35(2)(c) of the Administrative Appeals Tribunal Act 1975 that the documents remained sealed with the Tribunal until further order.

Evidence

6.      There was only one witness who provided evidence.  This was Mr Michael John Leonard Keen who is the National Manager, Licensed Post Office Policy and Procedure, of the Australian Postal Corporation (“Australia Post”).

7.      Mr Keen gave evidence that he was responsible for determining policy associated with the establishment and operation of Licensed Post Offices (“LPOs”).  LPOs are commercial entities which operate under contractual arrangement with Centrelink for the provision of…