Catchwords:

FREEDOM OF INFORMATION – request for access to an official document of a Minister (the Attorney-General) – where one document (the Document) was within the scope of the request but the request was refused on the basis of two exemptions – where a new person was appointed as Attorney-General – where the new Attorney-General did not have possession of the Document – where the Information Commissioner decided that the Document was not an “official document of a Minister” because it was not in the possession of the Minister at the time of the Information Commissioner’s decision – where the primary judge held that the Information Commissioner erred in her construction of the Act – where the primary judge held that the time for determining whether a document is an “official document of a Minister” is the time the request for access is made (and only that time) – whether primary judge’s construction was correct – held: appeal dismissed