VFRG and Australian Information Commissioner (Freedom of information)

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) concerning a decision by the Australian Information Commissioner (the Respondent) to refuse access to certain documents under section 47E(d) of the *Freedom of Information Act 1982* (Cth). The Applicant had requested access to documents, and the Respondent initially refused access, citing the public interest conditional exemption in section 47E(d) relating to ongoing investigations. However, subsequent correspondence and developments indicated that the investigation had concluded and the Respondent conceded that the exemption might no longer apply.

The primary legal issue before the Tribunal was whether the Applicant had a legally enforceable right to obtain access to the documents identified in the Respondent's initial decision. The Tribunal's remit was confined to determining this specific question, rather than investigating the conduct of the Respondent in processing the request. The Applicant had sought review of the Respondent's decision after the Director of the Dispute Resolution Branch decided not to undertake a review.

The Tribunal accepted the Respondent's submission that the initial decision should be set aside. The Respondent acknowledged that the exemption under section 47E(d) was no longer applicable, given the conclusion of the investigation. Consequently, the Tribunal set aside the decision of the Assistant Director, FOI Dispute Resolution, dated 28 April 2016.

The Tribunal substituted its own decision, ordering that the Respondent release in full to the Applicant each of the documents enumerated in Schedule A of the decision made on 28 April 2016.