AGU v Commonwealth of Australia (No 2) [2013] NSWCA 473

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AGU v Commonwealth of Australia (No 2) [2013] NSWCA 473 Hearing dates: 10 December 2013 Decision date: 23 December 2013 Before: Bathurst CJ at [1]; Beazley P at [2]; Basten JA at [3]; Leeming JA at [44]; Sackville AJA at [45] Decision: (1) To the extent necessary, grant leave to appeal. (2) Dismiss the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONSTITUTIONAL LAW - whether inconsistency between State and Commonwealth laws - State Act purporting to bind the Commonwealth - State Act purporting to subject Commonwealth to jurisdiction of State tribunal

PRIVACY - operation of State legislation - whether Commonwealth bound - Health Records and Information Privacy Act 2002 (NSW), s 12 - Privacy and Personal Information Protection Act 1998 (NSW)

STATUTORY INTERPRETATION - principles - presumption that Crown not bound by statute - general presumption rebutted by specific provision - whether general provision that Act binds Crown not only in right of enacting State but in all other capacities indicates intention to bind Commonwealth - consideration of specific provisions required - provisions to be read in statutory context