The obligation under s 73(5)(b) of the ADT Act for the Tribunal to ensure all relevant material is disclosed does not require the Tribunal to act on speculation or launch an inquiry into the adequacy of an agency's filing; there must be sound reason to conclude that relevant material has not been disclosed. Under the FOI Act 1989 (NSW), an applicant's right of access is limited to documents held by the agency at the time the application is made, and does not extend to documents created after the application in the course of processing it.
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