Luck and University of Southern Queensland

[2008] AATA 539

ADMINISTRATIVE APPEALS TRIBUNAL          Nº 2008/1091

GENERAL  ADMINISTRATIVE DIVISION

Re:GAYE LUCK

Applicant

And:UNIVERSITY OF SOUTHERN QUEENSLAND

Respondent

DECISION AND REASONS FOR DECISION [2008] AATA 539

Tribunal:        G.D. Friedman, Senior Member

Date:29 May 2008

Place:Melbourne

Decision:For reasons given orally at the hearing, the Tribunal decides that it does not have jurisdiction to determine the application lodged by the applicant and dismisses the application in accordance with s 42A(4) of the Administrative Appeals Tribunal Act 1975.

(sgd) G.D. Friedman
  Senior Member

PRACTICE AND PROCEDURE – jurisdiction issue – decision made under a state enactment

Freedom of Information Act 1982 (Cth)

Freedom of Information Act 1992 (Qld)

REASONS FOR DECISION

29 May 2008          G.D. Friedman, Senior Member

1.        On 17 August 2006 Ms Luck sought access under the Freedom of Information Act 1982 (Cth) and Freedom of Information Act 1992 (Qld) to documents held by the University of Southern Queensland.

2.        On 13 March 2008 Ms Luck lodged an application to the Tribunal for review of a deemed decision by the University to refuse access under the FOI Act (Cth).

3.        The object of the FOI Act (Cth) as specified in s 3(1) of that Act is …to extend as far as possible the right of the Australian community to access to information in the possession of the Government of the Commonwealth…

4. The Tribunal was established under Commonwealth legislation. Under s 25 of the Administrative Appeals Tribunal Act 1975 it may only review certain decisions as provided for in an enactment.  This refers to a Commonwealth enactment.  The University of Southern Queensland is established under the University of Southern Queensland Act 1998 (Qld) which is not a Commonwealth enactment.

5. Therefore the Tribunal does not have jurisdiction to review the decision and the Tribunal dismisses the application under s 42A(4) of the Administrative Appeals Tribunal Act 1975.

I certify that the five [5] preceding paragraphs are a true copy of the reasons for the decision of:

G.D. Friedman, Senior Member

(sgd) Mara Putnis
  Associate

Date of hearing:  9 May 2008

Date of decision:  29 May 2008
Advocate for the applicant:          Self-represented

Advocate for the respondent:       Ms P. Steele, University of Southern Queensland