I
hear that the High Court granted leave to appeal today Friday in the Kline case
concerning Freedom of Information coverage of documents about the operation of
the Australian Honours system. More when the transcript appears- now here.
A
long line of decisions in the case to date have all gone the Governor General's
way, the most recent a unanimous
decision
of the Federal Court that gave broad interpretation to the exemption from the
act for documents held by the Office of the Governor General that relate to
matters of an administrative nature.
(See :Jane Lee's report in The Age.)
The
recently released Hawke
Report rejected submissions that the FOI act should be amended to
broaden the scope as it applies to the Office of the Governor General, but gave
no reasons (p 64), recommended that the parliamentary departments should be
subject to the act to the same extent, and while citing the Federal Court
decision by name gave no attention to the Court's interpretation of the
relevant words "relates to matters of an administrative nature" (p
62) and its narrowing effect.
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