Dear Mr Hamiltonshire

Thank you for your email, and please accept my apologies for not responding to you within the usual timeframe.

I note that your request was in these terms:

"I request access to the Style Guides/Brand Guides/Writing Guides currently used for the High Court of Australia".

The Freedom of Information Act 1982 (Cth) (‘the Act’) has limited application to courts and court registries. The Act does not apply to any request for access to a document unless the document relates to matters of an “administrative nature”. Section 5 of the Act provides:

(1) For the purposes of this Act:

(a) a court (other than a court of Norfolk Island) shall be deemed to be a prescribed authority;

(b) the holder of a judicial office (other than a judicial office in a court of Norfolk Island) or other office pertaining to a court (other than a court of Norfolk Island) in his or her capacity as the holder of that office, being an office established by the legislation establishing the court, shall be deemed not to be a prescribed authority and shall not be included in a Department; and

(c) a registry or other office of a court (other than a court of Norfolk Island), and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the court;

but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.

In the High Court decision of Kline v Official Secretary to the Governor General [2013] HCA 52 the Court stated at [41]-[47]:

…the exception of a class of document which relates to ‘matters of an administrative nature’ connotes documents which concern the management and administration of office resources, examples of which were given above [such as financial and human resources and information technology].

Decision on request

I have searched the records of the Court. I have identified one document that falls within this request, which is a manual for judgment production which is a document issued and held by the Chief Justice for the use of Justices in the production of their judgments. It is not a document that falls within the scope of the Fredom of Information Act, as it does not relate to a matter of an administrative nature. The writing and production of judgments is a key part of the judicial function. Moreover, the document is that of the Chief Justice and the Justices of the Court who are no prescribed agencies for the purposes of the Act.

Otherwise, by way of information, the Court does not have any formal style manuals in use.

If you wish for review of this decision, you may seek internal review under Part VI of the Act and review by the Information Commissioner under Part VII of the Act. For further information, see:
telephone: 1300 363 992
email: [email address]
write: GPO Box 2999, Canberra ACT 2601
or visit the website at www.oaic.gov.au

Yours sincerely

Ben Wickham
Executive Registrar & Head of Public Affairs
High Court of Australia
T: (02) 6270 6893; E: [email address]

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