Wojciechowska v Commissioner of Police

The case of Wojciechowska v Commissioner of Police involved a request by the applicant for information under the Government Information (Public Access) Act 2009 (GIPA Act). The Commissioner of Police declined the request on the basis that the information was not held by the agency and that any searches conducted were reasonable. The applicant sought judicial review of the Commissioner's decision in the Administrative Appeals Tribunal (AAT). The AAT upheld the Commissioner's decision, and the applicant appealed to the Federal Court of Australia.

The primary legal issue in the case was whether the AAT had the jurisdiction to review the decision of the Commissioner of Police. The applicant argued that the AAT was exercising judicial power of the Commonwealth and that the matter between a State and a resident of another State was beyond its jurisdiction. The Commissioner of Police argued that the AAT had jurisdiction to review the decision under section 43 of the Administrative Appeals Tribunal Act 1975 (AAT Act) and that the AAT was not exercising judicial power of the Commonwealth.

The Federal Court of Australia held that the AAT had jurisdiction to review the decision of the Commissioner of Police. The Court found that the AAT was not exercising judicial power of the Commonwealth, and that the matter between a State and a resident of another State did not affect the AAT's jurisdiction. The Court also found that the Commissioner's decision was reasonable and that the searches conducted were reasonable. The Court further held that the information sought by the applicant was not held by the agency and that any redacted information was out of scope.

The Federal Court of Australia affirmed the respondent’s reviewable decision.