Mullett v Director General of the Department of Education and Training

The applicant in this matter sought judicial review of a decision by the Director General of the Department of Education and Training to refuse to provide access to a report on the operations of a school in Victoria. The case was heard by the Supreme Court of Victoria, which has jurisdiction to hear such matters under the Judicial Review Act 1991 (Vic).

The court was required to decide whether the Director General's decision was lawful and whether the applicant was entitled to access to the report. The Director General argued that the report contained exempt information under the Freedom of Information Act 1982 (Cth) and that disclosure of the report would be contrary to the public interest. The applicant argued that the report did not contain exempt information and that the Director General had failed to properly consider the public interest in disclosure.

The court found that the Director General's decision was unlawful and that the applicant was entitled to access to the report. The court held that the information in the report was not exempt under the Freedom of Information Act and that the Director General had not properly considered the public interest in disclosure. The court also held that the exempt information in the report could be redacted and that the redacted report should be provided to the applicant. The court set aside the Director General's decision and ordered that a redacted copy of the report be provided to the applicant.

In summary, the court found that the Director General's decision to refuse access to the report was unlawful and that the applicant was entitled to access to the report with certain redactions. The decision provides guidance on the proper application of the Freedom of Information Act and the consideration of the public interest in disclosure.