Publicly available information released following an FOI access request

The Federal Circuit Court is required by section 11C of the Freedom of Information Act 1982 (Cth) (FOI Act) to publish a disclosure log on its website. The disclosure log lists information which has been released in response to an FOI access request. This requirement has applied since 1 May 2011.

The disclosure log requirement does not apply to:

  • personal information about any person if publication of that information would be 'unreasonable' information about the business, commercial, financial or professional affairs of any person if publication of that information would be 'unreasonable'
  • other information covered by a determination made by the Australian Information Commissioner if publication of that information would be 'unreasonable'
  • any information if it is not reasonably practicable to publish the information because of the extent of modifications that would need to be made to delete the information listed in the above dot points.

Documents released under the FOI Act can be obtained by writing to the Court's FOI contact officer:

Chief Executive Officer
Federal Circuit Court of Australia
GPO Box 9991         
Sydney NSW 2001
Email:  customer.service@federalcircuitcourt.gov.au

Further advice on making FOI requests may be obtained by calling 03 8600 4470.

Please note also that charges may be imposed to reimburse the Federal Circuit Court for the cost of photocopying or reproducing documents. Notification will be given if any charges are payable and if the charges are required to be paid before the documents are provided.

Information attached to, or referred to, in the Federal Circuit Court disclosure log will generally be removed after 12 months, unless the information has enduring public value.  

The FOI Act also requires the Federal Circuit Court to proactively publish a range of information under the Information Publication Scheme (IPS).You can find further information about the Federal Circuit Court IPS on the Information Publication Scheme pages of this website.

DISCLOSURE LOG 2016-2017

FOI database reference number Date of Access FOI request Information
18/8/2016

Request to access ‘official documents’ relation to the ‘conclusion of an investigation conducted into the conduct of Judge’s Associate James Cowled’.

And request ‘all correspondence from any Federal Circuit Court Employee in e-mails or official documents which relate to ‘James Cowled’ and the investigation’.

It was decided to release the following documents:

  • Procedures for determining breaches of the Code of Conduct and for determining sanction - which is a public document and is available on the Court's website at:
    http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/about/careers/code-of-conduct/

  • Copy of a signed instrument of Appointment (with the name of the investigator redacted)

  • Relevant page from APS Gazette
    A decision was made that the remaining documents fell within one or more of the the following exemptions being sections 47C (deliberative process), 47E(c) (certain operations of agencies (c)  have a substantial adverse effect on the management or assessment of personnel by the Commonwealth or by an agency;) and or 47F (personal privacy) of the FOI Act

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