Kline v Official Secretary to the Governor-General

The High Court of Australia considered an appeal by Mr. Kline against a decision of the Full Court of the Federal Court, which had affirmed a decision of the Administrative Appeals Tribunal. The dispute concerned Mr. Kline's request for access to documents held by the Official Secretary to the Governor-General under the *Freedom of Information Act 1982* (Cth). Section 6A(1) of the Act excludes documents held by the Official Secretary from disclosure unless they relate to "matters of an administrative nature". Mr. Kline sought access to documents concerning the nomination of a person to the Order of Australia.

The central legal issue before the High Court was whether documents relating to the nomination of a person to the Order of Australia were excluded from disclosure by operation of s 6A(1) of the *Freedom of Information Act 1982* (Cth). This required the Court to determine the meaning of "matters of an administrative nature" in the context of the Governor-General's functions and the administration of the Order of Australia.

The High Court, in dismissing the appeal, reasoned that the distinction drawn by s 6A(1) separates the Governor-General's substantive powers and functions from the "apparatus" that supports their exercise. The Court held that the administration of the Order of Australia, including the nomination and consideration of candidates for appointments and awards, constituted a substantive power or function. Therefore, documents relating to this process were not "matters of an administrative nature" and were excluded from disclosure under s 6A(1). The Court agreed with the Full Court that it was sufficient for the Tribunal to determine whether the categories of documents requested related to "matters of an administrative nature", as the character of the documents was apparent from the terms of the request.

The appeal was dismissed with costs.