ADMINISTRATIVE LAW - Freedom of Information Act 1982 (Cth) (FOI Act) - request for access to documents - appeal from the Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) - Tribunal found six documents were exempt or conditionally exempt - whether the Tribunal considered each of the elements necessary to establish that disclosure would found an action for breach of confidence in accordance with the requirements of s 45(1) of the FOI Act - whether documents relating to a process which the Department and private interests agreed be confidential were conditionally exempt under s 47E(d) - whether the Tribunal misconstrued the phrase "could reasonably be expected to" in s 47E of the FOI Act - whether it was open for the Tribunal to find that there was a reasonable basis for an expectation that disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of the Department - whether the Tribunal erred by misapplying the statutory "public interest" test in s 11A(5) of the FOI Act - appeal allowed - matter remitted to Tribunal for re-hearing
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