Federal Court of Australia
Federal Court of Australia
Papoutsakis v Australian Information Commissioner [2025] FCAFC 10 Appeal from: Papoutsakis v Australian Information Commissioner [2024] FCA 75
File number(s): NSD 229 of 2024
Judgment of: O'SULLIVAN, KENNETT AND NEEDHAM JJ
Date of judgment: 13 February 2025
Catchwords: HUMAN RIGHTS – Privacy – appeal from decision of primary judge to dismiss application for judicial review of a decision of a delegate of the Australian Information Commissioner not to investigate a breach of privacy complaint under s 41(1)(da) of the Privacy Act 1988 (Cth) – whether primary judge erred and denied procedural fairness in admitting file note – whether primary judge erred by failing to consider legal and procedural requirements for consent to release information and for a valid loan application – whether decision was legally unreasonable
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 16 Evidence Act 1995 (Cth) s 56 Judiciary Act 1903 (Cth) s 39B Privacy Act 1988 (Cth) ss 36, 40, 41
Cases cited: Jones v Office of the Australian Information Commissioner [2014] FCA 285 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Papoutsakis v Australian Information Commissioner [2024] FCA 75 Simjanovska v Department of Human Services [2019] FCA 499
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 44
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