Federal Court of Australia
Federal Court of Australia
Knowles v Secretary, Department of Defence [2020] FCA 1328 File number: VID 416 of 2017
Judgment of: SNADEN J
Date of judgment: 17 September 2020
Catchwords: ADMINISTRATIVE LAW – judicial review – decisions made by the respondent in relation to applications made under the Privacy Act 1988 (Cth) (hereafter, the "Privacy Act") for access to and correction of certain information – various species of relief sought – whether Privacy Act mandates provision of access to information within 30 days – appropriateness of declaratory relief – whether existence of other remedies for the review of administrative decisions should incline the court against granting prerogative or other relief – whether private information might be corrected by associating or attaching other documents to it – whether a demand that information be destroyed qualifies as a request for correction under the Privacy Act – further amended originating application dismissed with costs
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) – ss 3, 5, 6, 7, 10 and 16 Federal Court of Australia Act 1976 (Cth) – s 21 Freedom of Information Act 1982 (Cth) Judiciary Act 1903 (Cth) – s 39B Privacy Act 1988 (Cth) – Sch 1; Pt V; Pt VIB; ss 6, 6A, 13, 15, 36, 40, 41, 52, 55A, 80W, 96 Regulatory Powers (Standard Provisions) Act 2014 – Pt 7; ss 118, 119, 120 and 121
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australia Pty Ltd v Minister for Infrastructure and Transport (2014) 221 FCR 165 Australian Competition and Consumer Commission v MSY Technology Pty Ltd & Ors (2012) 201 FCR 378 Construction, Forestry, Maritime, Mining and Energy Union v Milin Builders Pty Ltd [2019] FCA 1070 Cruse v Multiplex Ltd & Ors (2008) 172 FCR 279 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Knowles v Australian Information Commissioner [2018] FCA 1212 Saitta Pty Ltd v Commonwealth (2000) 106 FCR 554 SCAS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 397 Tooth & Co Ltd v Council of the City of Parramatta (1955) 97 CLR 492 Warramunda Village v Pryde (2001) 105 FCR 437
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