Theophanous and Australian Criminal Intelligence Commission (Freedom of information)

The applicant, Dr Theophanous, sought access to documents from the Australian Criminal Intelligence Commission (ACIC) under the *Freedom of Information Act 1982* (Cth). The ACIC claimed exemptions for certain documents, leading to a dispute over their disclosure. The matter came before Deputy President B W Rayment P of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the ACIC had taken all reasonable steps to locate relevant documents, and whether various exemptions, including legal professional privilege, documents affecting the enforcement of the law, personal privacy, business names, and the operation of agencies, were properly claimed. The Tribunal also considered whether the power to release exempt documents arose under the *Freedom of Information Act 1982* and whether privilege had been waived.

Deputy President Rayment P found that the ACIC had taken all reasonable steps to locate the documents. The Tribunal concluded that the claim for legal professional privilege was valid and that its disclosure would not cause "real harm." Furthermore, the Tribunal held that the power to release exempt documents did not arise under the *Freedom of Information Act 1982*, and that privilege had not been waived. The other claimed exemptions were also upheld.

Consequently, the Tribunal affirmed the reviewable decisions of the ACIC.