2.
On an appeal on a question of law[1], the Full Court of the Federal Court of Australia[2] upheld the Tribunal's decision[3].
This appeal
5 A panel granted special leave to appeal limited to the following grounds:
"That the Federal Court erred:
(a) in holding that the Freedom of Information Act 1982 (Cth) ('the FOI Act') did not apply to the [appellant's] requests for access to documents made on 26 and 30 January 2011 by reason of s 6A of that Act;
(b) in holding that any document that 'relates to [a] substantive power or function' of the Governor General is not a document that 'relates to matters of an administrative nature' within the meaning of s 6A, and is thereby excluded from the coverage of the Act; or
(c) in characterizing each document the subject of the requests as a document that 'relates to [a] substantive power or function' of the Governor General."
6 The grounds show that the disposition of this appeal depends on the proper construction of s 6A of the FOI Act, set out below.
The Order of Australia
7 The Order of Australia was established by Letters Patent dated 14 February 1975, in which it was recited: "it is desirable that there be established an Australian society of honour for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service". Accordingly, the Letters Patent established "a society of honour to be known as the 'Order of Australia'". The Constitution of the Order of Australia[4] ("the Constitution"), as amended, provides that the Governor-General
