Recent Cases

Mullen v Aged Care Quality and Safety Commissioner [2020] FCAFC 78 (13 May 2020) (McKerracher, Colvin and Jackson JJ)


ADMINISTRATIVE LAW – appeal from decision of primary judge dismissing appeal from decision of the Administrative Appeals Tribunal – where Tribunal affirmed decisions of Information Commissioner that documents exempt from production under the Freedom of Information Act 1982 (Cth) – whether error in approach of primary judge to statutory construction of s 86-9 of Aged Care Act 1997 (Cth) – whether Commissioner could exercise powers conferred by s 55K(2) of FOI Act to release documents – appeal dismissed