Patrick and Director-General, National Archives of Australia (Freedom of information)

This matter concerned an application for access to a Cabinet record relating to the Timor Gap negotiations. The applicant, Patrick, sought access to the record, which had been refused by the Director-General of the National Archives of Australia. The Director-General's decision was based on grounds of potential damage to international relations and legal professional privilege, and a public interest certificate had been issued under section 36 of the *Administrative Appeals Tribunal Act 1975*. The Administrative Appeals Tribunal (AAT) was required to determine whether the Cabinet record was exempt from disclosure.

The primary legal issues before the AAT were whether the Cabinet record contained information the disclosure of which could reasonably be expected to cause damage to the international relations of the Commonwealth, and whether the disclosure of the record would be contrary to the public interest. The AAT also considered whether the record contained advice that would be privileged from production on the ground of legal professional privilege.

Deputy President Britten-Jones found that the disclosure of the Cabinet record could reasonably be expected to cause damage to Australia's international relations, rejecting the argument that transparency would necessarily improve relations. The AAT considered the open evidence, including affidavits and oral testimony, which indicated that Australia had complex and sensitive relationships with its neighbours, including Timor-Leste. The Tribunal concluded that the disclosure of confidential and sensitive negotiating strategies at the highest level of government could cause further damage to these relationships. The AAT was satisfied that the conditions for exemption under section 33(1)(a) and section 33(2) of the *National Archives Act 1983* were met.

The AAT affirmed the decision of the Director-General, finding that the Cabinet record was an exempt document and that the Director-General's decision was justified.