Federal Court of Australia
Federal Court of Australia
Rothfield v Office of the Australian Information Commissioner [2021] FCA 1524 File number: VID 970 of 2018
Judgment of: SNADEN J
Date of judgment: 8 December 2021
Catchwords: ADMINISTRATIVE LAW – judicial review – reasons for judgment published by the Victorian Court of Appeal referred to the applicant – applicant alleged publication of reasons breached the spent convictions scheme contained in the Crimes Act 1914 (Cth) – applicant made complaint about publication to respondent – respondent made decision not to investigate applicant's complaint further – judicial review of respondent's decision not to investigate further – whether spent convictions scheme applies – exclusions to the spent convictions scheme – application dismissed
Legislation: Crimes Act 1914 (Cth) ss 85ZM, 85ZV, 85ZW, 85ZZ, 85ZZA, 85ZZC, 85ZZG, 85ZZH Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AI, 37AK Privacy Act 1988 (Cth) s 40A
Cases cited: ACCC v Cascade Coal Pty Ltd & Ors (2015) 331 ALR 68 Degning v Minister for Home Affairs (2019) 270 FCR 451 Hogan v Australian Crime Commission (2010) 240 CLR 651 Toohey v Tax Agents' Board of Victoria [2007] FCA 431
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 51
Date of hearing: 13 September 2021
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondent: Mr A Yuile
Solicitor for the Respondent: Australian Government Solicitor
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