"A Study of the Public Interest Test in Australian Freedom of Information Law"

Daniel Abrahams

1994 (Wol) 8 AAL

The paper examines the nature of the public interest balancing tests which are found in both the Commonwealth's and the various State's FOI legislation. ('by which any number of relevant interests may be weighed one against another') It discusses the limited judicial determination of the meaning of, as well as factors which are considered to be irrelevant to the public interest criterion. The evolution of the Federal AAT's decisions on the concept of the public interest is traced, with the conclusion that the most recent changes in the approach lie in direct conflict with the Federal Court's approach. The reasons as to the demise of the 'Howard Tests' of the public interest are also analysed. The study concludes with public interest test issues in the Commonwealth arena with suggestions for potential improvements, at times building on the discussion of the States.

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