Secretary to the Department of Infrastructure v Asher

The case of Secretary to the Department of Infrastructure v Asher involved an appeal against the decision of the Information and Privacy Commission of New South Wales. The respondent sought access to documents under the Freedom of Information Act 1982 (Cth), which the appellant argued were exempt from disclosure. The central issue was whether the tribunal had correctly determined that the documents were not exempt under section 28(1) of the Act.

The primary legal issues centred on the interpretation of section 28(1) of the Act, specifically whether the documents in question were exempt due to their relation to Cabinet processes or because they constituted preliminary or preparatory material. The court had to determine if the quarterly assets investment reports were exempt because they were used as a basis for a further report submitted for Cabinet consideration, or if they constituted a draft of a document prepared for Cabinet under section 28(1)(c). Additionally, the court considered whether the disclosure of the contents of these documents would reveal Cabinet's deliberations, thus rendering them exempt under section 28(1)(d).

The court found that the tribunal had correctly determined that the documents were not exempt from disclosure. The quarterly assets investment reports did not constitute a draft of a document prepared for submission to Cabinet, nor did their disclosure reveal Cabinet's deliberations. The court held that the reports were not exempt under section 28(1)(b), (c), or (d) of the Act. Consequently, the appeal was dismissed, affirming the tribunal's decision that the documents were not exempt from disclosure under the Freedom of Information Act.