Zhang v Australian Information Commissioner [2023] FCA 132

Federal Court of Australia

Zhang v Australian Information Commissioner [2023] FCA 132 File number: VID 283 of 2021

Judgment of: SNADEN J

Date of judgment: 27 February 2023

Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision of the Australian Information Commissioner ("Commissioner") – where decision-maker exercised statutory discretion to not investigate complaint of interference with the applicant's privacy – whether complaint made against a "small business operator" – whether applicant provided consent to collection or disclosure of personal information – where originating application incompetent – application dismissed PRACTICE AND PROCEDURE – application for extension of time and leave to amend originating application – where application sought more than three years after relevant decision – adequacy of explanation for delay – whether proposed amendment to originating application is sufficiently meritorious – no reasonable prospects – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11 Privacy Act 1988 (Cth) ss 6, 6C, 6D, 13, 36, 40, 41 Federal Court Rules 2011 (Cth) rr 31.01, 31.02, 31.05

Cases cited: Griffith University v Tang (2005) 221 CLR 99

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 64

Date of hearing: 31 January 2023

Counsel for the Applicant: The applicant appeared in person with the assistance of an interpreter

Counsel for the Respondent: Ms K McInnes