Singh v Australian Information Commissioner [2024] FCA 1380

Federal Court of Australia

Singh v Australian Information Commissioner [2024] FCA 1380 File number: VID 1091 of 2023

Judgment of: WHEELAHAN J

Date of judgment: 3 December 2024

Catchwords: ADMINISTRATIVE LAW — application for judicial review of a decision of a delegate of the Australian Information Commissioner – where the applicant had been held by the Department of Home Affairs in immigration detention – where the applicant complained to the Commissioner under the Privacy Act 1988 (Cth) that an officer of the Department had disclosed his personal information to another detainee – where a conciliation between the applicant and the Department was unsuccessful – where the applicant sought $182,153 in compensation – where the Commissioner's delegate was not satisfied that the applicant's personal information had been disclosed as alleged – where the Commissioner's delegate accepted that the Department had breached Australian Privacy Principle 10 – where the Commissioner's delegate decided not to investigate the applicant's complaint further on the basis that further investigation was not warranted in all the circumstances (Privacy Act s 41(1)(da)) and that the Department had dealt with the complaint adequately (Privacy Act s 41(2)(a)) – Madzikanda v Australian Information Commissioner [2023] FCA 1445; 330 IR 387, applied – held: the applicant has not established any error in the decision of the Commissioner's delegate – application dismissed.

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 8 Migration Act 1958 (Cth) s 501(2) Privacy Act 1988 (Cth) ss 41(1)(da), 41(2)(a), sch 1 cll 6.1, 10.1, 10.2, 11.1, 13.1 Federal Court Rules 2011 (Cth)