Patrick v Australian Information Commissioner (No 2) [2023] FCA 530

Federal Court of Australia

Patrick v Australian Information Commissioner (No 2) [2023] FCA 530 File number: VID 519 of 2021

Judgment of: WHEELAHAN J

Date of judgment: 26 May 2023

Catchwords: ADMINISTRATIVE LAW — the applicant sought orders under the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) directing the Australian Information Commissioner to make decisions on reviews of requests for documents under the Freedom of Information Act 1982 (Cth) by a specified date — where the applicant had several ongoing applications before the Commissioner for review of decisions made by Commonwealth agencies — where there were very significant delays in undertaking the reviews — whether there had been unreasonable delay by the Commissioner in making a decision in the sense required by s 7(1) of the ADJR Act — whether the Commissioner's conduct would result in an improper exercise of power — held: no unreasonable delay — no improper exercise of power would result — orders sought by the applicant would involve inappropriate judicial interference with the decisional freedom of an executive body — application dismissed

Legislation: Acts Interpretation Act 1901 (Cth) sections 2B, 2C, 15AA and 25D Administrative Appeals Tribunal Act 1975 (Cth) sections 32(1), 35 and 43 Administrative Decisions (Judicial Review) Act 1977 (Cth) sections 3(1), 3(5), 5(1)(e), 5(2)(h), 6(1)(e), 6(2)(h), 7(1) and 16(3) Australian Information Commissioner Act 2010 (Cth) sections 5–12 and 25 Competition and Consumer Act 2010 (Cth) Part IVD Crimes Act 1914 (Cth) s 4B(2)–(3) Data-matching Program (Assistance and Tax) Act 1990 (Cth) Freedom of Information Act 1982 (Cth) sections 11, 11A, 15AC, 22, 33, 34, 47C, 47G, 54F, 54V, 54W, 54Z, 55, 55B, 55D(1), 55DA, 55F, 55G, 55H, 55K, 55R, 55T, 55U, 56 and 57A Freedom of Information Amendment (Reform) Act 2010 Schedule 4 Income Tax Assessment Act 1936 (Cth) sections 170 and 173 Judiciary Act 1903 (Cth) s 39B National Health Act 1953 (Cth) Public Governance, Performance and Accountability Act 2013 (Cth) sections 37(1), 39(1) and 46 Telecommunications Act 1997 (Cth) Information Privacy Act 2014 (ACT) Administrative Procedure Act of 1946, 5 U.S.C. §§ 551–559 sections 6 and 10(e)