Gao v Federal Privacy Commissioner [2002] FCA 823

FEDERAL COURT OF AUSTRALIA

Gao v Federal Privacy Commissioner [2002] FCA 823 ADMINISTRATIVE LAW – appeal under s 11(1)(c) Administrative Decisions (Judicial Review) Act 1977 (Cth) for extension of time – no grounds of review disclosed – proceeding an abuse of process. PRIVACY LAW – alleged contravention of Information Privacy Principle (11)(1)(e) of the Privacy Act 1988 (Cth) – where government department made aware of false information provided on birth certificate – disclosure of information reasonably necessary for enforcement of the criminal law – no consent to disclosure of information required when disclosure reasonably necessary for enforcement of the criminal law – Information Privacy Principles not directly actionable under the Privacy Act 1988 (Cth) in any event.

Administrative Decisions (Judicial Review) Act 1977 (Cth): s 11(1)(c) Federal Court Rules: O 20 r 2(1) Privacy Act 1988 (Cth): s 14

Gao v Federal Privacy Commissioner [2001] FCA 1683, followed Gao v Federal Privacy Commissioner [2002] FCAFC 128, followed Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, applied Lucic v Nolan (1982) 45 ALR 411, applied PENG YUAN GAO v FEDERAL PRIVACY COMMISSIONER & ORS V 298 of 2002 GOLDBERG J 19 JUNE 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 298 of 2002

BETWEEN: PENG YUAN GAO

Applicant

AND: FEDERAL PRIVACY COMMISSIONER

First Respondent

ROBERT GARRAN OFFICES,

ATTORNEY‑GENERAL'S DEPARTMENT

Second Respondent

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Third Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 19 JUNE 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application filed on 17 May 2002 is dismissed. 2. The applicant pay the respondents' costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules