Minister for Transport v Edwards - [2000] WASCA 349

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

CITATION: MINISTER FOR TRANSPORT -v- EDWARDS [2000] WASCA 349

CORAM: HASLUCK J

HEARD: 2 NOVEMBER 2000

DELIVERED : 17 NOVEMBER 2000

FILE NO/S: SJA 1130 of 2000

BETWEEN: MINISTER FOR TRANSPORT
Appellant
AND
JUDITH MARY EDWARDS
Respondent

Catchwords:

Freedom of Information Act - Application for access to documents in the possession of a Minister - Whether the right of access extends to documents held by a Minister - Meaning of phrase "documents of an agency" - Information Commissioner's decision to allow access upheld

Legislation:

Freedom of Information Act1992

Government Railways Act 1904

Interpretation Act 1984 (WA), s 12

Result:

Appeal dismissed

Representation:

Counsel:

Appellant: Ms C F Jenkins
Respondent: Mr M L Barker QC

Solicitors:

Appellant: State Crown Solicitor
Respondent: Gibson & Gibson

Case(s) referred to in judgment(s):

Commissioner of Police v District Court of New South Wales (1993) 31 NSWLR 606
Commonwealth v John Fairfax & Sons Ltd (1980) 147 CLR 39
IW v City of Perth (1996) 191 CLR 1
Minister for Planning v Taweel, unreported; SCt of WA; Library No 960654, 13 November 1996
News Corporation Ltd v National Companies and Securities Commission (1984) 1 FCR 64
Police Force of Western Australia v Kelly (1997) 17 WAR 9
Victorian Public Service Board v Wright (1986) 160 CLR 145

Case(s) also cited:

Beckwith v R (1976) 12 ALR 333
Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 110 ALR 97
Commissioner of Taxation v Salenger (1988) 19 FCR 378
Commonwealth v Baume (1905) 2 CLR 405
Craig v State of South Australia (1995) 184 CLR 163
Deakin v Webb (Commissioner of Taxes) (1904) 1 CLR 585
Re Tyler & Ors; Ex parte Foley (1992) 181 CLR 18
Searle Australia Pty Ltd v Public Interest Advocacy Centre & Anor (1992) 36 FCR 111

HASLUCK J: This is an appeal from a decision of the Information Commissioner made on 20 July 2000 pursuant to the Freedom of Information Act1992 ("the FOI Act"). The provisions of the FOI Act create a right to access to the documents of governmental agencies. The question raised by the appeal is whether access can be obtained to documents in the possession of or under the control of a Minister. The answer to this question depends upon an appraisal of the right of access and upon the meaning of the phrase "documents of an agency" as defined in the glossary or definition section of the FOI Act.
The respondent, Dr Judy Edwards, is the Member for Maylands in the Legislative Assembly. By letter dated 21 March 2000, Dr Edwards made an application to the Minister for Transport for access under the FOI Act to a copy of a review by the Acting Commissioner of Railways of the policy of Westrail concerning the use of timber sleepers.
The letter in question was directed to the "Freedom of Information Coordinator, Office of the Minister for Transport" and was in these terms:

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2000] WASCA 349
Decision Date: 17 NOVEMBER 2000

CaseChat Overview and Summary

In the case of Minister for Transport v Edwards, the applicant sought access to certain documents held by the Minister for Transport under the Freedom of Information Act. The applicant, Edwards, aimed to obtain documents related to the administration and operations of the Department of Transport, which the Minister for Transport was responsible for. The dispute centred on the interpretation of the term "documents of an agency" and whether the right of access to information extended to documents held by a Minister personally.

The primary legal issue before the court was the scope of the term "documents of an agency" as it appeared in the Freedom of Information Act. The court had to determine whether this term included documents held by the Minister in a personal capacity, beyond those held by the agency itself. This interpretation was crucial because it would determine whether the Minister was obligated to provide access to documents held in a personal capacity, or whether such documents were exempt from the right of access under the Act.

The court, in reviewing the decision of the Information Commissioner, held that the term "documents of an agency" encompassed documents held by the Minister in relation to their official duties. The court found that the Commissioner's interpretation was reasonable and aligned with the object and purpose of the Act, which was to promote transparency and accountability in government. The Minister's argument that personal documents were not subject to the Act was rejected. Consequently, the court upheld the Commissioner's decision to allow access to the requested documents, finding that they were indeed "documents of an agency" within the meaning of the Act.

The final orders of the court confirmed that the Minister for Transport was required to provide access to the documents sought by Edwards, as they were deemed to be part of the "documents of an agency" under the Freedom of Information Act. This decision reinforced the principle that public officials, including Ministers, must adhere to the Act when holding documents in relation to their official duties, and cannot claim personal documents as exempt from the right of access.

Orders