Paul Keefe and Australian Government Solicitor
[2013] AATA 202
[2013] AATA 202
Division GENERAL ADMINISTRATIVE DIVISION File Number
2013/0776
Re
Paul Keefe
APPLICANT
And
Australian Government Solicitor
RESPONDENT
DECISION
Tribunal Senior Member Bernard J McCabe
Date
Date of Written Reasons
3 April 2013
8 April 2013
Place Brisbane The Tribunal does not have jurisdiction to review the decision.
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Senior Member Bernard J McCabe
CATCHWORDS
FREEDOM OF INFORMATION – Australian Government Solicitor – 'Agency' under FOI Act – Decision not reviewable by Tribunal
LEGISLATION
Freedom of Information Act 1982 s 4, Sch 2 Part 1 Div 1
REASONS FOR DECISION
Senior Member Bernard J McCabe
Paul Keefe made a request under the Freedom of Information Act 1982 (“FOI Act”) for access to documents held on files belonging to the Australian Government Solicitor (“AGS”). The files were created in connection with litigation involving Mr Keefe. Mr Keefe believes the files contain information about him that is false and demeaning. He wants to have access to the documents so he can correct the errors and perhaps take other action to clear his name.
I have not examined any of the documents in question. I am not in a position to comment on whether Mr Keefe has reason to feel aggrieved by what is said about him in the files. That would not be part of my role in any event, as the Tribunal is merely here to decide whether access to information should or can be granted.
AGS says the Tribunal does not have jurisdiction to hear the application for review because AGS is effectively exempt from the FOI Act. AGS is not an agency within the meaning of s 4 of the Act and it is expressly excluded from the definition in that section of a prescribed authority: see Division 1 of Part 1 of Schedule 2 to the Act. In those circumstances, AGS argues there is no reviewable decision for the Tribunal to consider.
AGS is right. Mr Keefe has been invited to place a letter on the file correcting any errors of which he is aware, but he wants more. The Tribunal is unable to assist him. The application must be declined because the Tribunal does not have jurisdiction.
I certify that the preceding 4 (four) paragraphs are a true copy of the reasons for the decision herein of Senior Member Bernard J McCabe.
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Associate
Dated 8 April 2013
Date of hearing 3 April 2013 Date final submissions received 2 April 2013 Applicant
Counsel for the Respondent
In person
Australian Government Solicitor
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0
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