Rayner & Anor v ANZ Banking Group

The applicants, Rayner and another, sought judicial review of a decision made by the ANZ Banking Group. The dispute concerned the ANZ's refusal to provide the applicants with certain documents relating to their mortgage accounts. The matter came before Kirby J in chambers.

The central legal issue before the Court was whether the applicants were entitled, under the *Freedom of Information Act 1982* (Cth), to access documents held by the ANZ Banking Group concerning their mortgage accounts. This involved determining whether the ANZ, in its capacity as a bank, was an "agency" for the purposes of the Act, and if so, whether the documents sought were exempt from disclosure.

Kirby J considered the definition of "agency" under the *Freedom of Information Act 1982* (Cth), which generally refers to departments or authorities of the Commonwealth. His Honour found that the ANZ Banking Group, as a private commercial entity, did not fall within this definition. Consequently, the Act did not apply to the ANZ, and the applicants had no right to access the documents under that legislation. The Court applied the principle that statutory rights of access to information are confined to the scope of the legislation creating them.

The application for judicial review was dismissed.