McKinnon v Secretary Department of Treasury

The case of *McKinnon v Secretary Department of Treasury* concerned a dispute between Mr. McKinnon and the Secretary of the Department of Treasury. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Secretary of the Department of Treasury had acted unlawfully in refusing to grant Mr. McKinnon access to certain documents. Specifically, the court had to determine if the refusal was vitiated by a failure to consider relevant considerations or by taking into account irrelevant considerations, thereby constituting an error of law under the *Administrative Decisions (Judicial Review) Act 1977* (Cth).

The High Court reasoned that the Secretary's decision-making process had been flawed. It was found that the Secretary had failed to give adequate weight to the public interest in disclosure, a key consideration mandated by the relevant legislation. Instead, the decision appeared to have been unduly influenced by a desire to avoid potential embarrassment to the government and to protect the reputation of public officials. The Court applied principles of administrative law, emphasizing that decision-makers must genuinely consider all relevant factors and must not be swayed by irrelevant ones, such as political considerations or personal reputations, when exercising statutory powers.

Ultimately, the High Court found in favour of Mr. McKinnon, quashing the Secretary's decision and remitting the matter back to the Secretary for reconsideration according to law.