National Tertiary Education Union v Southern Cross University

The National Tertiary Education Union contested the Southern Cross University's decision to impose a processing charge for an application for information under the Freedom of Information Act 1982 (Cth). The Union argued that the University's decision to require an advance payment of the charge and to refuse to apply a discount was unlawful. The case was heard in the Administrative Appeals Tribunal, which was asked to determine whether certain decisions about the charge were reviewable and if the discounts were cumulative.

The central legal issues before the Tribunal were whether the University's decisions about imposing the processing charge and the discount were reviewable before the application was determined and whether the discounts were cumulative. The Tribunal found that the decisions were indeed reviewable at the time they were made, even though the application for information was still pending. Regarding the discounts, the Tribunal held that they were not cumulative.

In reaching its decision, the Tribunal noted that the University had made a clear decision to require an advance payment of the processing charge, which was subject to review. The Tribunal also determined that the refusal to apply a further discount was a separate decision, which could also be reviewed. The Tribunal further held that the discounts were not cumulative, meaning that the Union was not entitled to both discounts. The Tribunal varied the University's decision by changing the date the advance payment was due to be paid to 17 working days from the date of this decision.

The Tribunal's decision clarified the scope of its review powers and the application of discounts in FOI cases, providing guidance to both applicants and decision-makers in similar situations. The final order of the Tribunal varied the University's decision by changing the date the advance payment was due to be paid to 17 working days from the date of this decision.