Baptist Union of Queensland - Carinity v Roberts [2015] FCA 1068

FEDERAL COURT OF AUSTRALIA

Baptist Union of Queensland – Carinity v Roberts [2015] FCA 1068 Citation: Baptist Union of Queensland – Carinity v Roberts [2015] FCA 1068

Parties: THE BAPTIST UNION OF QUEENSLAND – CARINITY ABN 46 909 844 617 v PETER ROBERTS AS A DELEGATE OF THE SECRETARY OF THE DEPARTMENT OF SOCIAL SERVICES, TRACEY REES AS A DELEGATE OF THE CHIEF EXECUTIVE OF THE AUSTRALIAN AGED CARE QUALITY AGENCY, AUSTRALIAN AGED CARE QUALITY AGENCY and COMMONWEALTH OF AUSTRALIA

File number: QUD 353 of 2015

Judge: RANGIAH J

Date of judgment: 2 October 2015

Catchwords: PRACTICE AND PROCEDURE – non-party application to inspect documents – principle of open justice – meaning and effect of reading affidavits in open court – whether inspection prohibited under statute – consideration of "protected information" under the Aged Care Act 1997 (Cth) – meaning and scope of "personal information" – meaning of "reasonably identifiable" – where personal information to be redacted – leave to inspect documents granted PRACTICE AND PROCEDURE – application for non-publication order – whether order necessary to prevent prejudice to the proper administration of justice – where affidavits said to contain commercially sensitive information – limited non-publication order granted

Legislation: Aged Care Act 1997 (Cth) ss 65-1, 86-1 and 86-8 Federal Court of Australia Act 1976 (Cth) ss 17(1), 37AG and 37AH Federal Court Rules 2011 (Cth) r 2.32 Privacy Act 1988 (Cth) s 6 Explanatory Memorandum, Privacy Amendment (Enhancing Privacy Protection) Bill 2012, pp 60–61