Straczek and Director-General, National Archives of Australia

Straczek (the applicant) sought review of a deemed decision by the Director-General of the National Archives of Australia (the respondent) concerning access to documents. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to hear the application for review.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the applicant's request for access to documents, given that an access refusal decision was made by the respondent after the applicant had lodged an application for review of a deemed refusal. The Tribunal was required to consider the interplay between the deemed refusal provisions of the *Freedom of Information Act 1982* (Cth) and the subsequent actual decision made by the agency.

Deputy President Britten-Jones reasoned that the applicant's application for review to the Tribunal was lodged on the basis of a deemed refusal. However, before the Tribunal could hear the matter, the respondent issued an actual access refusal decision. The Tribunal held that once an actual decision is made by the agency, the deemed refusal ceases to have effect, and the application for review to the Tribunal should be made in relation to that actual decision. As the applicant's application was lodged in relation to a deemed decision that was superseded by an actual decision, the Tribunal lacked jurisdiction to proceed with the review.

Consequently, the application for review was dismissed.