MacTiernan and Secretary, Department of Infrastructure and Regional Development (Freedom of Information)

This matter concerned an application for freedom of information by Ms MacTiernan against the Secretary, Department of Infrastructure and Regional Development. The dispute centred on whether certain documents, referred to as the "Contested Documents," were conditionally exempt from disclosure under the *Freedom of Information Act 1982* (Cth). The case was heard by Cr Walsh SM.

The legal issues before the court were whether the Contested Documents were conditionally exempt from disclosure on several grounds. These included whether their disclosure would cause damage to Commonwealth-State relations, divulge information communicated in confidence by the State of Western Australia or Main Roads WA, disclose deliberative matter, or have a substantial adverse effect on the Department's operations. If any of these exemptions applied, the court also had to determine whether disclosure would be contrary to the public interest.

The court considered the interpretation of "damage to relations between the Commonwealth and a State" under s 47B(a) of the FOI Act, noting that it requires a dispute with ramifications extensive enough to affect relations between governments, not merely a falling out between individuals. The court found the Secretary's submission that all documents were exempt under s 47B(a) to be too broad, requiring a closer analysis of the nature of the information in each document rather than a blanket "class claim." The court agreed with Ms MacTiernan that the claims were "class claims" and that the provided descriptions of the documents offered limited insight into their specific nature. The decision under review was set aside and substituted.