Ogawa v Australian Information Commissioner [2015] FCA 152

FEDERAL COURT OF AUSTRALIA

Ogawa v Australian Information Commissioner [2015] FCA 152 Citation: Ogawa v Australian Information Commissioner [2015] FCA 152

Parties: MEGUMI OGAWA v AUSTRALIAN INFORMATION COMMISSIONER, TOOWONG PRIVATE HOSPITAL, MICHELE CALVIRD and COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

File number(s): QUD 363 of 2013

Judge(s): GREENWOOD J

Date of judgment: 4 March 2015

Catchwords: ADMINISTRATIVE LAW – consideration of an application for an order of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and/or s 39B of the Judiciary Act 1903 (Cth) concerning a decision of the Australian Information Commissioner in exercising the statutory discretion under s 41(1) of the Privacy Act 1988 (Cth) to cease further investigation of four complaints made by the applicant – consideration of the nature of the statutory discretion – consideration of the conditions upon which the discretion is to be exercised – consideration of the factors relevant to the way in which the discretion is exercised

Legislation: Privacy Act 1988 (Cth), ss 6, 6A, 6C, 6D, 13A, 16B, 36, 40(1), 41(1); Sch 3, cls 2, 3 Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth), s 39B

Cases cited: Esther Investment Pty Ltd v Makalinga Pty Ltd (1989) 2 WAR 196 – cited Jones v Office of the Australian Information Commissioner [2014] FCA 285 – cited and quoted Kioa v West (1985) 159 CLR 550 – cited Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 – cited