MANLY -v- MINISTRY OF PREMIER & CABINET [1995] Library 950310

(1995) 14 WAR 550
SUPREME COURT OF WESTERN AUSTRALIA
[1995] Library 950310
15/06/1995
N/A
SJA 1143/1994
17 & 20 March 1995
OWEN JA
15/06/1995
Perth
CHRISTOPHER ROYDON MANLY
MINISTRY OF PREMIER & CABINET
Administrative Law
Freedom of Information
financial and business information provided by Member of Parliament to Premier following press speculation as to police investigation of the Member's affairs
independent report on the information so provided
whether dislosure of independent report could reveal the police investigation or prejudice fair trial of charges if laid
meaning of phrase "reveal the investigation"
whether information personal
if so, whether disclosure was in public interest
meaning of the term "public interest" in light of implied constitutional freedom of communication on political matters
whether disclosure could adversely affect business or financial information
whether disclosure could prejudice future supply of similar information to
government
Freedom of Information Act 1992, s70, s74 and s76
Schedule 1 cls 3(1), 3(2) and 3(6), 4(3), 4(4), 4(5) and 4(7), 5(1), 6(1), 8(1), 8(2), 8(3) and 8(4)
Administrative Law
Statutory Appeals from Administrative Authorities to Courts
nature of appeal from decision of Informtion Commissioner to Supreme Court
appeal limited to question of law
obligation of Court not to disclose exempt matter during hearing or in reasons for decision
Court not entitled to allow legal representative to have access to exempt matter to assist in presentation of case on appeal
comparison with similar statutory provisions in other Australian juridictions
Freedom of Information Act 1992 s85, s87 and s90
N/A
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