- 3 -
As relevant, the High Court then held that:
Accordingly, the only documents which courts and specified tribunals, authorities and bodies are obliged to
open to increased public scrutiny are those documents relating to the management and administration of
registry and office resources. 9
The High Court, in considering the decision of
Bienstein v Family Court of Australia10, held
that decision to be erroneous in suggesting that even documents held by a court which related
to individual cases might be characterised as documents relating to matters of an administrative
nature, or that since some powers and functions of a judicial officer were administrative in
nature, those administrative powers and functions which were not closely related to judicial
independence would not need protection from the operation of the FOI Act.11
The High Court held that the reasoning in
Bienstein accorded no weight to the circumstance
that a judicial officer is not subject to the operation of the FOI Act, only a registry or office of
a court or specified tribunal is subject to the operation of the FOI Act, and then only in respect
of documents relating to administrative matters.12
In a separate judgment, Justice Gageler also dismissed the appeal. His Honour held that:
The distinction sought to be drawn by the appellant between documents which "relate to administrative tasks
...
to support or assist the exercise of ... powers or the [performance] of .... functions", on the one hand,
and documents which answer that description but which would "disclose the decision-making process
involved in the exercise of those powers or performance of those functions in a particular matter or context",
on the other, is too fine to be sustained The true distinction is more robust and more practical.
Matters which do not relate to the provision of logistical support do not become "administrative" merely
because they are in some wcry; preparatory to an exercise of a substantive power or to the performance of a
substantive function. 13
Initiating documents and contracts in issue
The documents you have requested are documents relating to proceedings in the Court. These are
documents for which the FOI Act does not apply due to the operation of s 5(1) of the FOI Act, as
they are not documents of an administrative nature.
Access to documents relating to proceedings in the Court is governed by the
Federal Court of
Australia Act 1976 and the
Federal Court Rules 2011. Requests for documents that constitute a
court file may be made pursuant to Division 2.4 of the
Federal Court Rules 2011. More information
on accessing documents that constitute a court file can be found on the Federal Court's website at
http:/ /www.fedcourt.gov.au/services/access-to-files-and-transcripts/court-documents.
Your request for access pursuant to the FOI Act, is refused.
9 at [47]
10 (2008) 170 FCR 382
11 at [51]
12 at [51]
13 at [75] and [76]
