Saleam and Director-General, National Archives of Australia

Saleam and the Director-General of the National Archives of Australia were parties to proceedings before the Administrative Appeals Tribunal concerning a decision relating to the release of an Australian Security Intelligence Organisation (ASIO) record. The applicant sought access to the record, but the Director-General had determined that it was exempt from release under section 33 of the *Archives Act 1983* (Cth).

The Tribunal was required to determine whether the ASIO record was exempt from disclosure under section 33 of the *Archives Act*. This section provides for the exemption of certain Commonwealth records from public access. The Tribunal also had to consider whether, even if the record was exempt, the Director-General should have exercised a discretion to allow the release of part of the record.

Deputy President Rayment OAM KC affirmed the decision of the Director-General. The reasoning involved an assessment of the nature of the record and the potential harm that its disclosure could cause, which fell within the scope of the exemptions provided by section 33. The Tribunal found that the grounds for exemption were made out and that there was no basis to exercise a discretion to release any part of the record, as the public interest in disclosure did not outweigh the public interest in maintaining the exemption.