INFORMATION COMMISSIONER FOR WESTERN AUSTRALIA -v- MINISTRY OF JUSTICE [2001] WASC 3

SUPREME COURT OF WESTERN AUSTRALIA
[2001] WASC 3
N/A
CIV 2355/1999
15 DECEMBER 2000
WHEELER J
17/01/2001
Perth
Case stated: Are the two documents located with the respondent and to which the complainant seeks access in the possession or under the control of the respondent for the purposes of the definition of "documents of an agency" in clause 4(1) of the Glossary in Schedule 2 to the Act? Answer: Yes
INFORMATION COMMISSIONER FOR WESTERN AUSTRALIA
MINISTRY OF JUSTICE
Case stated
Mixed questions of fact and law Freedom of information
Documents of an agency
Possession
Whether mere physical custody or element of control
Exempt documents
Freedom of Information Act 1992 (WA) Schedule 2 cl 4(1), s 3, s 15
Minister for Transport v Edwards [2000] WASCA 349
Police Force of Western Australia v Kelly (1997) 17 WAR 9
Victorian Public Service Board v Wright (1986) 64 ALR 206
N/A
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