Sandra Zacek v Australian Postal Corporation

[2006] AATA 124

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Tribunal:

Member: G.D. Friedman, Senior Member

Subject References:
Freedom of Information
documents relating to the applicant
whether documents exempt from disclosure
legal professional privilege
whether documents can be found or do not exist
sufficiency of searches
constructive possession

Legislative References:
Freedom of Information Act 1982 - s 4(1); 11(1); 24A; 42

Case References:
Beesley v Australian Federal Police - (2001) FCA 836
Chu v Telstra Corporation Limited - (2005) FCA 1730
Commissioner of Australian Federal Police v Propend Finance Pty Ltd - (1997) HCA 3
Commonwealth of Australia v Dutton - (2000) 102 FCR 168
Esso Australia Resources Limited v Commissioner of Taxation of the Commonwealth of Australia - (1999) 201 CLR 49
Re Langer and Telstra Corporation Limited - (2002) AATA 341
Re Viewcross Services Pty Ltd and Telstra Corporation Limited - (2003) AATA 1025
Re Zacek and Australian Postal Corporation - (2002) AATA 473
Waterford v The Commonwealth of Australia - (1987) 163 CLR 54
Wentworth v DeMontfort - (1988) 15 NSWLR 348

Decision date: 15 February 2006

Melbourne

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Decision

(1) V2004/1053 : The Tribunal varies the decision under review and grants access to documents released to the applicant in full or in part by the respondent during the proceedings.

(2) V2004/1174 : The Tribunal affirms the decision under review.

(3) The Tribunal is satisfied that under s 24A of the Freedom of Information Act 1982 all reasonable steps have been taken to find the relevant documents, in addition to the exempt documents sought by the applicant, and that the relevant documents do not exist. Therefore, the Tribunal refuses the applicant's request for access to these documents.