Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Papoutsakis v Australian Information Commissioner [2024] FCA 75 File number: NSD 878 of 2023
Judgment of: STEWART J
Date of judgment: 13 February 2024
Catchwords: HUMAN RIGHTS – privacy – application for judicial review of the decision of a delegate of the Australian Information Commissioner not to further investigate a breach of privacy complaint – where the delegate relied on s 41(1)(da) of the Privacy Act 1988 (Cth) to decide that an investigation was not warranted – whether the delegate took into account irrelevant considerations – whether the delegate failed to take into account relevant considerations – whether the delegate made a decision so unreasonable that no reasonable person could have made it
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Privacy Act 1988 (Cth) ss 6(1), 6C(1), 13, 14(1), 36, 36(1), 40, 40A(1), 41, 42, 43, 43A, 44, 45, 46, 47, 52, Sch 1, subcl 6.1
Cases cited: Chetcuti v Minister for Immigration and Border Protection [2019] FCAFC 112; 270 FCR 335 Goodwin v Commissioner of Police [2020] FCA 950 Madzikanda v Australian Information Commissioner [2023] FCA 1445 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Rana v Australian Information Commissioner [2022] FCA 817 Simjanovska v Department of Human Services [2019] FCA 499
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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