Challenge to refusal to release incoming government brief will see "Frank and Candid" put to the test
In a Freedom of Information review application in the Administrative Appeals Tribunal today, Shadow Attorney General Mark Dreyfus QC challenged the Government's refusal to release the Incoming Government Brief Attorney-General Senator Brandis received from his department on taking office in 2013. The AAT challenge comes 12 months after Australian Information Commissioner Professor John McMillan substantially upheld the AGD decision to refuse access to the brief ( Parnell & Dreyfus) . At the time he used similar reasoning (Crowe) to refuse access to unreleased parts of the brief prepared in 2010 for then incoming Prime Minister Gillard. It's an important opportunity to test the public interest arguments accepted in those decisions - see my comment s at the time - as "Frank and Candid" have since become some FOI decision makers' best friend. Attorney General's in this example managed to soak up sixteen months with "Frank and Candid" argu...