Salter and Department of Justice and Attorney-General

Application number:
2002 S0153
Decision date:
Friday, Mar 28, 2003

Salter and Department of Justice and Attorney-General
(2002 S0153, 28 March 2003) 

The applicant lodged an application for external review outside the prescribed 60 day time limit.  He sought an extension of time under s.73(1)(d) of the FOI Act to make that application.  The relevant FOI access application sought access to a document held by the respondent which concerned a complaint made by a third party about the conduct of a Justice of the Peace in dealing with certain subpoenas which the applicant had sought to have issued in Magistrates Court proceedings.  References to the applicant in the complaint were merely incidental. 

The Deputy Information Commissioner decided that it would be futile to grant the applicant an extension of time within which to lodge his application for external review as the document to which he sought access qualified for exemption under s.46(1) of the FOI Act.