Shergold v Tanner

Administrative Law (Cth) – Judicial review - Freedom of information - Documents affecting relations between the Commonwealth and a State - Internal working documents of an agency, a Minister or the Government of the Commonwealth - Refusal of access to documents in respect of which Minister's delegate issued certificates pursuant to ss 33A(2) and 36(3) of the Freedom of Information Act 1982 (Cth) ("the FOI Act") - FOI Act provides that, subject to Pt VI of the Act, certificates, while in force, "establish conclusively" that disclosure would be contrary to public interest or that documents are exempt documents and do not contain matter the disclosure of which would be in the public interest - Whether "conclusive evidence" provisions impliedly amend conferral of jurisdiction on the Federal Court by the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the ADJR Act") or by the Judiciary Act 1903 (Cth) ("the Judiciary Act") - Whether issue of certificates reviewable by the Federal Court under the ADJR Act or the Judiciary Act.

Federal Court of Australia – Jurisdiction - Whether Court's jurisdiction under ADJR Act or the Judiciary Act impliedly limited by "conclusive evidence" provisions of the FOI Act - Whether jurisdiction conferred by the ADJR Act and the Judiciary Act extends to judicial review of decision to issue certificates under ss 33A(2) and 36(3) of the FOI Act.

Statutes – Interpretation - Conferral of jurisdiction upon a court - Whether later legislation withdraws or limits conferral of jurisdiction - Need for clear and unmistakable implication to have such effect.

Commonwealth Constitution – s 77(i).

Freedom of Information Act 1982 (Cth) – ss 11, 33A, 36.

Administrative Decisions (Judicial Review) Act 1977 (Cth) – ss 5, 8. Judiciary Act 1903 (Cth), s 39B.

Administrative Appeals Tribunal Act 1975 (Cth).

Ombudsman Act 1976 (Cth).