Muthu v Australian Broadcasting Corporation

Muthu (the applicant) sought judicial review of a decision by the Australian Broadcasting Corporation (ABC) to refuse to grant him access to certain documents under the *Freedom of Information Act 1982* (Cth) (FOI Act). The ABC had denied access to these documents, citing exemptions under the FOI Act. The matter came before Street J of the Federal Court of Australia.

The primary legal issue before the Court was whether the ABC's decision to refuse access to the requested documents was lawful and justified under the provisions of the FOI Act. Specifically, the Court was required to consider the validity of the exemptions relied upon by the ABC in its refusal.

Street J found that the ABC had failed to demonstrate that the documents in question fell within the scope of the claimed exemptions. The Court applied the principles of statutory interpretation, emphasizing that exemptions to the right of access under the FOI Act must be construed narrowly. The onus was on the ABC to establish that the exemptions were properly invoked. Having failed to discharge this onus, the ABC's decision was found to be erroneous.

The Court ordered that the decision of the ABC be set aside and remitted to the ABC for reconsideration according to law.