SMEDLEY V DEPARTMENT OF BUSINESS, THE ARTS, SPORTS AND TOURISM
Smedley made an application to the Department for access to documents relating to an application for a grant by the Fairbairn Control Council for roadworks and an authorisation for a change to the original application. The Department located some documents and provided access to these documents. However the Department was not able to locate documents relating to the authorisation for a change to the original grant.
Smedley sought an internal review and after the review was told that the requested documents could still not be located.
Smedley applied to the AAT for a review.
The Department opposed the review on the basis that the Department had not refused access to the documents and therefore the AAT had no jurisdiction to review the Department’s decision.
Had the Department refused to provide access to the document when it stated that it could not find the requested documents?
If the Department had refused access, was the AAT satisfied that the Department had made all reasonable efforts to locate the requested documents?