Simjanovska v Department of Human Services [2019] FCA 499

FEDERAL COURT OF AUSTRALIA

Simjanovska v Department of Human Services [2019] FCA 499 File number: NSD 416 of 2017

Judge: PERRY J

Date of judgment: 11 April 2019

Catchwords: PRACTICE AND PROCEDURE – where multiple applications for adjournment of summary dismissal applications dismissed PRACTICE AND PROCEDURE – applications for summary dismissal under s 31A, Federal Court of Australia Act 1976 (Cth), and rule 26.01, Federal Court Rules 2011 (Cth) – consideration of the nature of a summary dismissal application and applicable principles –where applicant alleged systematic and continuous handling of her complaints to the Department of Human Services and the creation and disclosure of an Employment Pathway Plan Agreement (EPP) by the Secretary in breach of the Privacy Act 1988 (Cth) (Privacy Act) – where applicant applied for judicial review of decision by the Australian Information Commissioner under s 41(1), Privacy Act, not to investigate her complaints – where entry into an EPP is a criterion for a Newstart allowance under the Social Security Act 1991 (Cth) – where applicant applied for and received the Newstart allowance – where no particulars of allegations of fraud and other misconduct – where no power to make orders for the executive to review current practices or for review of the respondents' conduct under the Public Service Act 1999 (Cth) – where no power to award damages on judicial review – where power under s 41(1), Privacy Act, allegedly not validly delegated to the Assistant Commissioner – where correspondence from the Department responding to complaints cannot be the subject of judicial review – where extreme and unexplained delay – where no basis for "setting aside" EPP – application for judicial review summarily dismissed HIGH COURT AND FEDERAL COURT – duties to unrepresented litigant – where orders necessary to preclude applicant from attending Registry subject to leave of the Court and for alternative arrangements for the physical filing of material