The ABC's Mediawatch program reported this a couple of weeks ago:
http://www.abc.net.au/mediawatch/transcripts/s1448056.htmA simple enough request, you would've thought. A News Ltd reporter wanted to do a story on how quickly the financial gain of tax cuts get eroded by bracket creep, and requested the statistics from Treasury under Freedom of Information. Costello is able to scuttle the information being disclosed by simply signing a "conclusive certificate" in which the treasurer declares that the release of the information is not in the public interest. Mediawatch praises News for launching the initial case, which has progressed to the High Court, and for inviting other media organisations to come on board in a sort of class action. Obviously, government opacity is at issue here (the statistics themselves must be pretty damning for the government to try to nobble their release in this way), but what is our Freedom of Information Act worth, if a ministerial edict is all it takes to stop it dead.
The High Court action taken by News is based on there being no standard or test for the public interest. Costello's claim that the request is contrary to the public interest can't be measured, therefore it can't be denied.