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FOI Case Notes - FYI.(freedom of information)(Australian Postal Corporation v Johnston)(Rana v Australian Federal Police)(Australian Capital Territory (Chief Minister's Department) v Coe)

Article Excerpt
Australian Postal Corporation v Johnston [2007] FCA 386

On 26 March 2007, the Federal Court set aside a decision of the Administrative Appeals Tribunal and substituted a decision that Australia Post was exempt from the operation of the Freedom of Information Act 1982 (Cth) in respect of a document described as a list of licensed post offices maintained by Australia Post.

Australia Post had denied Mr Johnston access to the list on the basis that it was a document in respect of Australia Post's commercial activities. Under Part II of Schedule 2, Australia Post is specified as a body that is exempt from the operation of the Act in respect of documents relating to its commercial activities. Section 7(4) provides that such documents are documents that are received or brought into existence, in the course of, or for the purposes of, the carrying on of activities by an agency on a commercial basis in competition with persons other than governments or authorities of governments.

The Tribunal had allowed partial release of the list on the basis that the list was brought into existence to serve a dual function. Australia Post has a non-commercial reserved right to provide certain services such as carrying letters within Australia and the exclusive right to issue postage stamps. Australia Post however also carries out other commercial services in competition with other providers that are not directly reliant...

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