Federal Court of Australia
Federal Court of Australia
Saffari v Australian Information Commissioner [2022] FCA 1016 File number(s): NSD 912 of 2021
Judgment of: BROMWICH J
Date of judgment: 2 September 2022
Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of the Australian Information Commissioner – where the Commissioner determined that Amazon Australia Services Inc had interfered with the applicant's privacy contrary to Australian Privacy Principle 6 under schedule 1 of the Privacy Act 1988 (Cth) – whether the Commissioner's omission in referring expressly to a letter provided by the applicant in her decision constitutes a reviewable error – whether the relief granted by the Commissioner and the use of the expression "hurt feelings" to describe the applicant's psychological state was illogical and irrational and thereby legally unreasonable – held: application dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(e), 5(1)(f), Judiciary Act 1903 (Cth) s 39B Privacy Act 1988 (Cth) ss 6, 13(1), 36(1), 40(1), 40A(1), 40A(3), 41(1)(a), 42(2), 52(1), 52(1)(b)(i), 52(1)(b)(i)A, 52(1)(b)(ii)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 DNA17 v Minister for Immigration and Border Protection [2019] FCAFC 146 Giddings v Australian Information Commissioner [2017] FCAFC 225
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 44
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