Letts, A v Director General of Social Security

[1985] FCA 244

m - NOT AFF 'ROFRI ATE FOR REPORTING OR FOR GENERAL CIRCULATION !

I N THE FmERAL COURT OF' AUSTRALIA	1
)

WESTERN	AUSTRALIA	DISTRICT REGISTRY	)	No. bJAG 93 of 1934
)

GENERAL DIVISIOF )

OK AFFEAL FROE! THE GENERAL DIVISION OF THE

ADNINISTRATIVE APPEALS TRIEUMAL CONSTITUTED BY

I	THE	XONOURABLE	G . D .	CLARKSON O . C .	(SENIOR MEMEER)
I

MP. 1	. A . WILKINS AND DH J . G .	EILLINGS
'j

I z

i	BETWEEN :
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ARTHUF L m S Applicant

I

I	a n d
~

THE DIRECTOP GENERAL

I OF SOCIAL SECURITY Respondent

I	MINUTES OF ORDER
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I

I	COURT :	Woodward, Toohey and F i n c u s JJ.
I	DATE :	29 May 1965
FLACE :	Ferth

THE COURT ORDERS THAT:

(Settlement and entry	of orders is dealt wlth by 0.36 of	the
Federal Court R u l e s ) .

I

c

NOTE: - NOT AFFROFRJATE €OR REPORTING OR FOR GENERAL CIRCULATION

!

( AEW )

IN THE FEDERAL COURT OF AUSTRALIA	)
1

PEFTERN AUSTRALIA DISTRICT REGISTRY ) No. NAG 93 of 1954

DIVISION	GENERAL	)
I

@N AFFEAL FROM THE GENERAL PIVISIOM OF THE

ADMINISTFF.TICE AFFEALS TRIBUNAL CONSTITUTED EY

THE HONOURP-ELE G.D. CLARKSOA 0 . C. ( SENIOR XEMEERI

MF I .A. NILKIMS AKD I?T! J. G. EILLINGS

ARTHUT? LETTS Applicant

I

and

THE DIRECTOR GENERAL

OF SOCIPL. SECLRTTIT

I	COURT	:	Woodward, Toohey and	Pincus JJ
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I CATE : 29 May 1985

I	FLACE	: Perth
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I
I

I EX-TEMF0P.E JUDGNENT

This is an appeal by Mr Arthur Letts who’appears In

person, against a declsion of the Administrative Appeals Tribunal

I

which affirmed a decislon of the Director General of Social I

Security that a particular document was exempt from disclosure !

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under the Freedom of Informatlon Act 1982.

- 2 -

The document in questlon was one of two withheld when Kr

Letts was given access to the file relating to hls pension. It

was described by the Director General In the following terms:

"Folio 100, the file note dated l2 November 1979,

recording information provlded by .... alleging that IJir

Letts may have been claiming pension In the name of Ryan

and . . . . I'

The Administratlve Appeals Tribunal declded that the

document was indeed exempt from dlsclosure because it fell cleakly

wlthin s.37(1) of the Freedcm	of Information Act 1'322.	Ths i-
ssction provide: :

a'

2

"(l) P. document is an exempt document if its dl.eclosur?

under this act would or could ressonakjly be

Expected to -

!a) ....

:b)

disclose, o r enable a persm to ascertain, the

existence ~r identity of a confidential , c o u r c ~

of information in relation to the enforcement

or administration of the law . . . . "

In hls amended notice of aFpeal, whit:: the court F ~ V E Mr

Letts leave to substitute for earller notlces, and which is headed

Notice of Froposed Substitute6 Notice of hppeal and dated ? F3y

1985, Mr Letts sought to challenge the declslon of the Tribunzl.

He obviously harbour: a deep sense of injustlce at the way he

claimc to have been treated over many years by a number of pcl~ce

officers and by other persons in positions of authority. Fer5ar.s because of this apparently long-standing sense of grievance, the grounds of appeal and other material set, out In the notice range widely over many areas of conetitutional and administrative law.

- 3 -

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The Court has done its best to understand the polnts

which Mr Letts has been trying to make, both In hls notice and his

address to the Court, but it has been unable to detect any matter

at all whlch would provide Mr Letts with an arguable appeal point.

Fursuant to s.44(1) of the Administrative Appeals Tribunal Act

1975 this Court can only be concerned with possible error: of law

,

by the Tribunal, and, having studied the Trlbunal's reasons for

declslon in this	matter, we have been able to flnd no trace of any
such error.

The Gyspandent has souctt by Rotice of I i1GTlOIl to have

'* l

the notice of a!:,pal struck nut. However, the Court invited Mr

Letts to address it generally on his appeal, not meiely as to the

notice of motion and, having heard him out, we believe that, for

the reasons already civen, the appropriate order of the Court 1s

that the appeal be dlsmissed.

I hereby certify that this and the

two ( 2 ) preceding pages are a

true and accurate copy of the Reasons

for Judgment herein of The Court

cl#zssTdL- -c_-.

Assoclate to

The Hon. Mr Justice Moodwi..rd

I Dated : 2 3 May 1985