Lever and Australian Nuclear Science and Technology Organisation (Freedom of information)

This matter concerned an application for freedom of information by Lever against the Australian Nuclear Science and Technology Organisation (ANSTO). The dispute arose after the Office of the Australian Information Commissioner (OAIC) declined to undertake a further review under section 54W of the *Freedom of Information Act 1982* (Cth) (FOI Act). The Australian Administrative Tribunal (AAT) was required to review ANSTO's decision regarding the applicant's freedom of information request.

The Tribunal was tasked with determining whether ANSTO had taken all reasonable steps to locate documents within the scope of Lever's request. Additionally, the Tribunal had to consider whether the conditional exemptions provided by sections 22 and 47F of the FOI Act were properly applied by ANSTO to certain documents.

In its reasoning, the Tribunal affirmed ANSTO's decision, as altered under section 26(1)(b) of the AAT Act on 30 July 2021. The Tribunal found that specific documents, identified by folio numbers (9), (35), (53), (54-56), (90-91), (93), (99), (102), (118), (127-128), (144-145), (151) and (165), were exempt from disclosure under section 47F of the FOI Act. Consequently, the Tribunal affirmed the decision under review.