Palmer Leisure Coolum Pty Ltd and The Treasury (Freedom of information)

This matter concerned an appeal from a decision of the Office of Australia Information Commissioner (OAIC) regarding freedom of information (FOI) requests made by Palmer Leisure Coolum Pty Ltd and Mr Clive Palmer. The applicants sought access to correspondence between the Treasury and various parties, including ASIC and government departments, concerning specific investigations and proceedings related to the applicants and associated entities. The OAIC had declined to review the Treasury's decision that it had undertaken adequate searches to locate the requested documents.

The primary legal issue before the court was whether the Treasury had taken all reasonable steps to locate documents responsive to the FOI requests, as required by the *Freedom of Information Act 1982* (Cth). This involved an assessment of the methodology and scope of the searches conducted by the Treasury, particularly within the Market Conduct Division, which was identified as the most likely repository for relevant records. The court also considered the adequacy of the search terms used and whether all relevant areas had been explored.

The court's reasoning focused on the affidavit evidence provided by the Treasury, specifically that of Mr Robert Jeremenko, First Assistant Secretary of the Market Conduct Division. Mr Jeremenko detailed the areas searched and the methodology employed, including a focus on MCD records due to their relevance to market conduct. The court found that the searches undertaken were comprehensive and that all reasonable steps had been taken to identify and locate the documents requested by the applicants. The court applied the principle that an agency must demonstrate that it has conducted a thorough and reasonable search, considering the nature of the request and the likely location of the documents.

The court affirmed the reviewable decisions of the OAIC, concluding that the Treasury's searches were adequate and that all reasonable steps had been taken to find the documents. Consequently, the appeal was dismissed.