Wilson and Australian Information Commissioner (Freedom of Information)

This matter concerned an application for confidentiality orders over supplementary Tribunal documents, which comprised correspondence and meeting transcripts related to a privacy complaint. The applicant sought access to these documents, but the respondent agency refused access, claiming they were exempt under sections 47E(d) and 47F of the *Freedom of Information Act 1982* (Cth) (FOI Act). The applicant's internal review with the Australian Information Commissioner was declined, leading to an external review by the Tribunal. The applicant sought confidentiality orders to restrict access to certain redacted material within these supplementary documents until the substantive matter was decided.

The Tribunal was required to determine whether the redacted material in the supplementary Tribunal documents constituted exempt matter under sections 47E(d) and 47F of the FOI Act, and whether these documents were properly before the Tribunal for the purposes of section 63(1)(a)(i) of the FOI Act. The applicant also contended that the Tribunal should be satisfied that the redacted material was exempt before making a confidentiality order.

The Tribunal reasoned that the supplementary Tribunal documents, lodged to assist in determining the substantive matter, plainly related to the current proceedings. It was noted that in Freedom of Information matters before the Tribunal, it is common for the applicant not to have access to the documents in question, and this does not constitute a denial of procedural fairness but rather a necessity given the nature of the application. Releasing information claimed to be exempt before the determination of the application would defeat the purpose of the substantive proceedings. The Tribunal also referred to the principle that procedural fairness can be subject to a superior interest, as recognised in *Pochi*. The Tribunal has the power under section 35(4) of the *Administrative Appeals Tribunal Act 1975* (Cth) to make orders restricting the disclosure of information relating to a proceeding.

The Tribunal found that the supplementary Tribunal documents related to the proceedings and that the redactions were necessary to protect information claimed to be exempt under sections 47E(d) and 47F of the FOI Act. Accordingly, the Tribunal granted the application for confidentiality orders in respect of the redacted material in the supplementary Tribunal documents, restricting access to the applicant until the Tribunal decided on the substantive matter.