The Joint Coal Board v Robert Cameron - [1989] FCA 882

JUDGMENT No.

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CATCHWORDS

ADMINISTRATIVE LAW - Freedom of Information Act - Appeal

from Administrative Appeals Tribunal - Joint Coal Board - would involve a breach of confidence.

whether a joint Commonwealth and New South Wales authority

was established "by, or in accordance with, [a Commonwealth]

enactment" so as to be subject to the Freedom of Information

~ c t - discussion of legislative scheme which established the

Administrative Appeals Tribunal Act 1975 (Cth) - s.44

Archives Act 1983 (Cth)

Audit Act 1901 (Cth) - s.26

Coal Industry Act 1946 (Cth) - ss.5, 6, 13, 14, 16, Sch. 1

Coal Industry Act 1946 (NSW) - ss. 5, 10, 13

Freedom of Information Act 1982 (Cth) - ss. 4, 45

Ombudsman Act 1976 (Cth)

Public Accounts Committee Act 1951 (Cth)

Public Works Committee Act 1969 (Cth)

THE JOINT COAL BOARD v. ROBERT CAMERON

No. G1424 of 1988

Davies, Beaumont & Pincus JJ.

26 October 1989

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

)

NEW SOUTH WALES DISTRICT REGISTRY

)	No. G1424 of 1988

GENERAL

DIVISION

eal from the General

?F=-

A mlnlstrative Division of the

Administrative Appeals Tribunal

BETWEEN:

THE JOINT COAL BOARD

Applicant

AND :

ROBERT CAMERON

Respondent

CORAM :

Davies, Beaumont & Pincus JJ.

DATE

26 October 1989

PLACE :

Sydney

MINUTES OF ORDER

THE COURT ORDERS:

1. That the appeal be dismissed with costs.

NOTE :

Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

)

NEW SOUTH WALES DISTRICT REGISTRY

)	No. G1424 of 1988

GENERAL

DIVISION

eal from the General

%F-

A ministrative Division of the

Administrative Appeals Tribunal

BETWEEN:

THE JOINT COAL BOARD

Applicant

AND :

ROBERT CAMERON

Respondent

CORAM :	Davies, Beaumont & Pincus JJ.
DATE :	26 october 1989
PLACE :	Sydney

REASONS FOR JUDGMENT

Davies J,:

This is an appeal from a decision of the

Administrative Appeals Tribunal ("the Tribunalqq)

which held,

F01 Act. As the appeal is brought under s.44 of the Administrative Appeals Tribunal Act 1975 (Cth), it is limited to a question of law.

inter alia, that the applicant, the Joint Coal Board ("the form for workersr compensation completed by the respondent, Robert Cameron, in the possession of the Board was not an exempt document under s.45 of the

Board") was subject to the provisions of the Freedom of

On the first aspect of the Tribunal's decision,

counsel for the Board submitted that the Board was set up jointly by the Commonwealth and by New South wales by the Coal Industry Act 1946 (Cth) ("the Commonwealth Act") and the Coal Industry Act 1946 (NSW) ("the State Act"). Counsel

submitted that the Board, having been established jointly,

did not satisfy the description of the definition of

"prescribed authority" in s.4(1) of the F01 Act in that it

was not established "by, or in accordance with the

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1989] FCA 882
Decision Date: 26 Oct 1989

CaseChat Overview and Summary

The Joint Coal Board, a body established jointly by Commonwealth and New South Wales legislation, appealed a decision of the Administrative Appeals Tribunal that it was subject to the Freedom of Information Act 1982 (Cth) and that documents in its possession were not exempt from disclosure. The appeal was heard by the Federal Court of Australia, which upheld the Tribunal's decision. The Court held that the Joint Coal Board was a prescribed authority under the F01 Act, as it was established by or in accordance with Commonwealth legislation. The Court also found that the claim forms in question were not exempt from disclosure under the Act, as the confidentiality claimed by the Board did not extend to the employee who filled out the forms. The appeal was dismissed with costs.

Orders