Rana v Australian Information Commissioner [2022] FCA 817

Federal Court of Australia

Rana v Australian Information Commissioner [2022] FCA 817 File number: SAD 47 of 2021

Judgment of: BANKS-SMITH J

Date of judgment: 15 July 2022

Catchwords: ADMINISTRATIVE LAW - judicial review - applicant made complaint to respondent about publication by search engines on web and blog sites of information said to be personal and sensitive - respondent dealt with complaints against different entities separately - complaint relating to Yahoo confined by subsequent communications to two URLs - where s 41(1)(da) of Privacy Act 1988 (Cth) provides that the respondent may decide not to investigate substance of a complaint if satisfied that investigation not warranted having regard to all the circumstances - delegate of respondent made decision under s 41(1)(da) not to investigate applicant's complaint against Yahoo - where delegate ascertained URLs no longer appeared in Yahoo search results when search of URLs conducted using Yahoo - where delegate considered objectives of complaint met - where potential for applicant to pursue complaints against other entities remained - where potential for applicant to communicate with Yahoo about other URLs remained - where applicant sought judicial review of delegate's decision not to investigate further - whether relief should be granted under Administrative Decisions (Judicial Review) Act 1977 (Cth) or s 39B of the Judiciary Act 1903 (Cth) - whether failure to take into account relevant considerations - whether exercise of power uncertain - whether denial of procedural fairness - whether error by failure to seek out further information - application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5 Judiciary Act 1903 (Cth) s 39B Privacy Act 1988 (Cth) ss 6, 36, 40, 41, Part V Federal Court Rules 2011 (Cth) r 31.01