Australian Broadcasting Corporation and Secretary, Department of Industry, Science, Energy and Resources (Freedom of information)

COURT OR TRIBUNAL

Administrative Appeals Tribunal

DATE FILED (OR FIRST HEARING DATE)

12/03/2020

LITIGATION TYPE

Access to Justice, Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Transparency/disclosure, Transparency/disclosure

REVIEW TYPE

Merits review

SUMMARY

FREEDOM OF INFORMATION — OAIC decided not to review (FOI Act s 54W) — Documents conditionally exempt in part or in full as ‘deliberative material’ — Document exempt as cabinet document — Whether parliamentary privilege applies to documents tendered by the applicant — Whether disclosure of the conditionally exempt material is in the public interest — 11 reviewable decisions affirmed — One reviewable decision varied.

See the following paragraph which indicates the documents being sought: [20]  The documents in issue, except the Cabinet submission document, were prepared from the creation of fictitious, but science informed, scenarios concerning climate change which were used to stimulate innovative thinking concerning climate risk. The documents resulted from a process which commenced with the preparation of a scenario to provoke and stimulate conversation concerning possible policy issues relevant to participating agencies’ areas of portfolio responsibility.

CASE DOCUMENTS

Australian Broadcasting Corporation and Secretary, Department of Industry, Science, Energy and Resources (Freedom of information) [2022] AATA 1451

RELATED CASES

JUMP TO CASE: