Jones v Office of the Australian Information Commissioner [2014] FCA 285

FEDERAL COURT OF AUSTRALIA

Jones v Office of the Australian Information Commissioner [2014] FCA 285 Citation: Jones v Office of the Australian Information Commissioner [2014] FCA 285

Parties: LYNETTE JONES v OFFICE OF THE AUSTRALIAN INFORMATION COMMISSIONER

File number(s): QUD 40 of 2013

Judge(s): GREENWOOD J

Date of judgment: 27 March 2014

Catchwords: ADMINISTRATIVE LAW – consideration of an application for an order of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) concerning a decision of the Information Commissioner in exercising a statutory discretion to cease further investigation of a complaint made by the applicant under the provisions of the Privacy Act 1988 (Cth) – consideration of the nature of the statutory discretion – consideration of the conditions upon which the discretion is to be exercised – consideration of the notion of reasonableness as a feature of legality in the exercise of discretionary power – consideration of the principles derived from Minister for Immigration and Citizenship v Li (2013) 87 ALJR 618 – consideration of the content of the statutory power and its purpose

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(e), 5(1)(f) Privacy Act 1988 (Cth), ss 6, 6A, 6C, 6D, 13A(1), 36, 40(1), 41(1)(a), 52, Schedule 3 (National Privacy Principles) cls 2.1(h), 2.1(g), 2.2 Australian Information Commissioner Act 2010 (Cth), ss 3, 3A, 14

Cases cited: FAI Insurances Ltd v Winneke (1982) 151 CLR 342 - cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 - cited R v Anderson; Ex parte Ipec-Air Pty Limited (1965) 113 CLR 177 - cited Minister for Immigration and Citizenship v Li [2013] HCA 18; 297 ALR 225; 87 ALJR 618 – cited and quoted Attorney-General (NSW) v Quin (1990) 170 CLR 1 - cited Kruger v Commonwealth (1997) 190 CLR 1 - cited Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429; 83 ALJR 1123 - cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 – cited and quoted House v The King (1936) 55 CLR 499 - cited Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 – cited and quoted