VFRG and Office of the Australian Information Commissioner (Freedom of information)

This matter concerned an application before the Administrative Appeals Tribunal (AAT) between VFRG (the applicant) and the Office of the Australian Information Commissioner (OAIC) (the respondent). The dispute centred on the OAIC's decision to refuse access to certain documents under the *Freedom of Information Act 1982* (Cth). The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether it should exercise its discretion under section 42D of the *Administrative Appeals Tribunal Act 1975* (Cth) to remit the matter back to the OAIC for reconsideration. This section allows the Tribunal to remit a matter if it considers it appropriate. The Tribunal was required to determine whether remittal was the most effective and efficient way to resolve the dispute, considering the interests of the parties and the administration of justice.

The Tribunal acknowledged that remittal could potentially limit contentious issues, save time, and reduce costs. However, it ultimately exercised its discretion *not* to remit the matter. This decision was influenced by a lack of sufficient documentary evidence, statements of facts, issues and contentions, and relevant legal opinions. Furthermore, the applicant's refusal to agree to proposed consent orders, coupled with the nature of the complaint, suggested that remittal might not lead to a satisfactory resolution. Consequently, the Tribunal set aside the previous directions and indicated it would issue new directions.