AIT18 v Australian Information Commissioner [2018] FCAFC 192

FEDERAL COURT OF AUSTRALIA

AIT18 v Australian Information Commissioner [2018] FCAFC 192 Appeal from: TYGJ and Information Commissioner [2017] AATA 1560

File number: VID 1156 of 2017

Judges: LOGAN, GRIFFITHS AND FARRELL JJ

Date of judgment: 13 November 2018

Catchwords: HUMAN RIGHTS – Privacy – where the applicant claimed compensation from the Department of Veterans' Affairs (DVA) for injuries he suffered while serving as a member of the Royal Australian Air Force and Australian Defence Force – where the applicant was dissatisfied with the processing of his claims by DVA and engaged in vitriolic, threatening and offensive language towards DVA personnel – whether the Administrative Appeals Tribunal erred in finding that DVA had not breached s 14 of the Privacy Act 1988 (Cth) and Information Privacy Principles 11.1(a) or (d) by disclosing the applicant's personal information to a senior medical officer, the Head of Joint Health Command in the Department of Defence and the Chief of Air Force STATUTORY INTERPRETATION – construction of the Privacy Act 1988 (Cth) and Information Privacy Principle 11.1 – whether the applicant was reasonably likely to have been aware that information of the kind disclosed by DVA was usually passed to those to whom the disclosures were made – whether disclosure was required or authorised by or under law

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Defence Force Discipline Act 1982 (Cth), s 60(1) Military Rehabilitation and Compensation Act 2004 (Cth) Occupational Health and Safety Act 1991 (Cth), s 16 Privacy Act 1988 (Cth), ss 2A, 6, 14, 29, 96(1)(c) Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) Social Security (Administration) Act 1999 (Cth), ss 192, 196, 197(1)) Telecommunications (Interception) Act 1979 (Cth) Invasion of Privacy Act 1971 (Qld), s 43(1)