Knowles v Secretary, Department of Defence [2021] FCAFC 215

Federal Court of Australia

Knowles v Secretary, Department of Defence [2021] FCAFC 215 Appeal from: Knowles v Secretary, Department of Defence [2020] FCA 1328

File number: VID 733 of 2020

Judgment of: COLLIER, LOGAN AND CHARLESWORTH J

Date of judgment: 24 November 2021

Catchwords: ADMINISTRATIVE LAW – appeal from decision of primary judge dismissing applications made under the Privacy Act 1988 (Cth) for access to and correction of certain information – whether Australian Privacy Principles (APP) 12 and 13 require decision by agency within 30 days – where APP 12 and 13 only require response action within 30 days – whether primary judge erred in declining to grant discretionary relief – where no utility in appellant's applications – where appellant was able to access adequate alternative remedies – no House v The King error identified by appellant –whether respondent had engaged in bad faith – consideration of standard of proof for allegations of bad faith – where inference to be drawn is that the respondent acted in good faith – whether APP 13.1 is prescriptive in steps to be taken by an agency – where "correct" can conceivably embrace deletion but not necessitate it – appeal dismissed COSTS – costs ordered against the appellant by the primary judge that costs follow the event on dismissal – where Court recognises that there are circumstances meriting departure from usual cost outcome – where current proceeding only concerns private interests – where no error of principle in exercise of costs discretion by primary judge demonstrated – costs also awarded against appellant on appeal

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 10, 16 Evidence Act 1995 (Cth) s 140 Federal Court of Australia Act 1976 (Cth) ss 23, 43 Freedom of Information Act 1982 (Cth) Judiciary Act 1903 (Cth) s 39B Privacy Act 1988 (Cth) ss 6, 14, 41, 80W, 96, 98, sch 1 Regulatory Power (Standard Provisions) Act 2014 (Cth)