Millar v Department of Premier and Cabinet (General)

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

25/05/2010

LITIGATION TYPE

Access to Justice, Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Transparency and disclosure, Transparency and disclosure

REVIEW TYPE

Merits review

SUMMARY

The applicant applied for 11 documents to be released under FOI laws. The respondent claimed that the documents were exempt under s 29(1) of the Freedom of Information Act 1982 (Vic). S 29(a) of the Act exempts documents if they are both contrary to the public interest and prejudice relations between the State and the Commonwealth. The exemption was found to apply. Release of the documents could hinder the ability of the Premier of Victoria, or department heads, to negotiate with the Commonwealth in the future.

CASE DOCUMENTS

Millar v Department of Premier and Cabinet (General) [2011] VCAT 1230