Federal Court of Australia
Federal Court of Australia
Liu v Australian Information Commissioner [2024] FCA 1287 File number(s): NSD 476 of 2024
Judgment of: NEEDHAM J
Date of judgment: 8 November 2024
Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of a delegate of the Australian Information Commissioner under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where the applicant complained to the Commissioner under the Privacy Act 1988 (Cth) that information about his newborn child had been disclosed to his former spouse – where information provided to Services Australia for purposes of management of applicant's child support obligations under Child Support (Assessment) Act 1989 (Cth) – disclosure to former spouse as carer of child entitled to child support authorised by s 146E(4) of Child Support (Assessment) Act 1989 (Cth). HUMAN RIGHTS – privacy – Australian Privacy Principles - whether Australian Privacy Principle 6.2 elevates applicant's expectations as to use of information provided in relation to child support obligations above obligations to notify other parent under s 146E(4) of the Child Support Assessment Act 1989 (Cth)
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1) Child Support (Assessment) Act 1989 (Cth) ss 76, 146A, 146E Evidence Act 1995 (Cth) s 136 Judiciary Act 1903 (Cth) s 39B Privacy Act 1988 (Cth) ss 15, 36, 40, 41(1), sch 1
Cases cited: Jones v Office of the Australian Information Commissioner [2014] FCA 285 Madzikanda v Australian Information Commissioner [2023] FCA 1445 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Rana v Australian Information Commissioner [2022] FCA 817 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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