Practice Directions, Guides and Guidelines

Practice Directions

Freedom of Information Practice Direction

Freedom of Information Act 1982 (Cth) Filing of Affidavits and Supporting Documentation

In respect to applications for review lodged with the Tribunal under the Freedom of Information Act 1982 (Cth) the following practice shall apply regarding the documentation to be lodged with the Tribunal in matters where documents which are the subject of an application for review are claimed to be exempt documents:

1. Where a respondent claims that a document is an exempt document the respondent should not include that document with the documents lodged with the Tribunal under s 37 of the Administrative Appeals Tribunal Act 1975 (Cth) (see s 64 of the Freedom of Information Act 1982 (Cth)). The Tribunal as constituted to hear the matter, will deal at the hearing with any questions as to production of those documents for its inspection. It is not appropriate to lodge the documents that are claimed to be exempt and then to request the Tribunal to make a confidentiality order under s 35 of the Administrative Appeals Tribunal Act 1975 (Cth).
   

2. Except where to do so would be to disclose matter claimed to be exempt, the respondent shall, not later than seven (7) days prior to the date appointed for the hearing, lodge with the Tribunal and serve upon the applicant a schedule (or schedules) of the documents to which the claims of exemption relate.
   

3. The schedule (or schedules) shall list the documents sequentially by number and, unless to do so would disclose the matter claimed to be exempt, shall provide the following details in respect of each document:
   
   
   1. the date of the document;
      
      
   2. the person or persons by whom the document was created and, where applicable, the person or persons to whom it was directed;
      
      
   3. a sufficient description of the nature of the contents of the document so as to provide a prima facie justification for the ground or grounds of exemption relied upon;
      
      
   4. where applicable, a statement as to the ground or grounds of public interest relied upon in support of the claim of exemption;
      
      
   5. where the claim of exemption relates only to part of the document, a concise indication of the part or parts involved (eg, para 6 or part para 6);
      
      
   6. where a document is no more than a copy of another document for which exemption is claimed, it should be so identified. The claims of exemption do not need to be repeated in respect of the copy document.
      
      

4. Unless the Tribunal otherwise directs, the respondent shall, not later than seven (7) days prior to the date appointed for the hearing, lodge with the Tribunal and serve upon the applicant an affidavit or affidavits setting out the evidence to be relied upon in support of the claims of exemption. In respect of any evidence for which a confidentiality order is to be sought pursuant to s 35(2) of the Administrative Appeals Tribunal Act 1975 (Cth) (see also s 63 of the Freedom of Information Act 1982 (Cth)) that evidence shall be set out in a separate affidavit or affidavits clearly marked for the attention only of the Members of the Tribunal constituted to hear the proceeding. Such affidavit or affidavits shall be lodged with the Tribunal, but copies thereof are not to be served upon the applicant.
   

5. Where any part of a request for access to documents has been transferred to another agency pursuant to the provisions of s 16 of the Freedom of Information Act 1982 Cth), the referring agency shall identify clearly in its s 37 statement the respects in which the request for access has been so transferred, the name of the transferee agency or agencies and the date on which each such transfer was made.

12 April 1985