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 from the questions of law that may otherwise arise in the case of an identified breach of obligations of the kind identified in these reasons.

178 Finally, I should confirm that to the extent that the Commissioner's decision was based in part on the content of guidelines issued under or for the purpose of the FOI Act, those guidelines should not be followed to the extent that they are not consistent with the FOI Act on its proper construction. Nor should the Commissioner act on her own prior decision or prior decisions of the Tribunal based on a misconstruction of the FOI Act in respect of any issue arising on this appeal.

ORDERS

179 There will be orders allowing the appeal and setting aside the Commissioner's decision. Mr Patrick's application for review will be remitted to the Commissioner for determination according to law.

I certify that the preceding one hundred and seventy-nine (179) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Charlesworth.

Associate:

Dated: 21 March 2024 Patrick v Attorney-General (Cth) [2024] FCA 268