Federal Court of Australia
Federal Court of Australia Remawi v Australian Information Commissioner [2024] FCA 1156 File number(s): QUD 446 of 2023
Judgment of: MEAGHER J
Date of judgment: 2 October 2024
Catchwords: ADMINISTRATIVE LAW – application for judicial review of the decision of a delegate of the Australian Information Commission not to investigate a breach of privacy complaint – where the delegate relied on s 41(1)(a) of the Privacy Act 1988 (Cth) to decide not to investigate the complaint – whether the delegate failed to take into account relevant considerations – whether the making of the decision was an improper exercise of the power conferred by the enactment in pursuance of which it was purported to be made – whether there was no evidence or other material to justify the making of the decision – whether there was an exercise of a power in such a way that the result of the exercise of the power is uncertain – whether there was a failure to make a decision – application dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 36, 40, 41 Privacy Act 1988 (Cth) ss 3(1), 3(5), 5, 6, 7, 16(3)
Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Australian Postal Corporation v D'Rozario (2014) 222 FCR 303; [2014] FCAFC 89 D'Amore v Independent Commission Against Corruption (2013) 303 ALR 242; [2013] NSWCA 187 Jones v Office of the Australian Information Commissioner [2014] FCA 285 Johns v Australian Securities Commission (1993) 178 CLR 408; [1993] HCA 56 Madzikanda v Australian Information Commissioner [2023] FCA 1445 Masi-Haini v Minister for Home Affairs (2023) 298 FCR 277 Metlife Insurance Ltd v Australian Financial Complaints Authority (No 3) [2022] FCA 849 Cases cited: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 274 CLR 398; [2021] HCA 41 Ogawa v Australian Information Commissioner [2014] FCA 229 Papoutsakis v Australian Information Commission [2024] FCA 75 R v Australian Broadcasting Tribunal; Ex Parte Hardiman (1980) 141 CLR 13 Rana v Australian Information Commissioner [2022] FCA 817 Remawi v Virgin Australia Airlines Pty Ltd [2023] FWC 1501 Remawi v Virgin Australia Airlines Pty Ltd [2023] FWCFB 141 Simjanovska v Department of Human Services [2019] FCA 499 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124
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