McKinnon v Secretary, Department of Treasury: the Sir Humphrey clause - review of conclusive certificates in freedom of information applications

In the recent McKinnon decision the High Court considered access to Treasury documents under the Freedom of Information Act 1982 (Cth) where the Minister had issued a ‘conclusive’ certificate that disclosure was contrary to the public interest. The case is fundamentally about who decides what is in the public interest, and whether there is any scope for independent external review of a Minister’s decision.