PEARLMAN -v- WA A/INFORMATION COMMISSIONER [2019] WASC 257

SUPREME COURT OF WESTERN AUSTRALIA
[2019] WASC 257
N/A
GDA 17/2018
10 JUNE 2019
SMITH J
19/07/2019
Perth
Information Commissioner's decisions vitiated by jurisdictional error Remitted to Information Commissioner for determination
B
PATRICK W PEARLMAN
WA A/INFORMATION COMMISSIONER
THE UNIVERSITY OF WESTERN AUSTRALIA
Freedom of information
Refusal to deal with access application
Whether Information Commissioner mischaracterised the agency's decision to refuse access to documents
Unreasonable burden upon agency
Jurisdictional error
Error of fact causally giving rise to error of law
Whether Information Commissioner erred in her determination that there was nothing remaining in dispute Freedom of information
Statutory construction
Whether Information Commissioner made a 'decision' within the meaning of s 85(1) of the Freedom of Information Act 1992 (WA)
Whether Information Commissioner has power to 'remit' an external review complaint to an agency and instruct the agency to 'deal with' the access application Procedural fairness
Apprehended bias
Whether decision of the Information Commissioner invalid on grounds of bias
Whether membership of agency sports team could on the facts give rise to a reasonable apprehension of bias in ordinary informed member of public Review under s 85(1) of the Freedom of Information Act 1992 (WA)
Whether court can engage in merits review
Whether court can substitute decision of Information Commissioner with decision of the court
Whether court can refer to referee
Freedom of Information Act 1982 (Vic), s 50(4)
Freedom of Information Act 1992 (WA), s 12, s 20, s 31, s 33, s 63(1), s 64, s 65, s 67(1), s 70, s 71, s 72, s 73, s 75, s 76, s 83, s 85(1), s 89, s 91, s 92, s 93
Rules of the Supreme Court 1971 (WA), O 35
Supreme Court Act 1935 (WA), s 50
N/A
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