APV v Department of Finance and Services

The Applicant, APV, brought an action against the Department of Finance and Services for breach of privacy under the Privacy and Personal Information Protection Act 1998. APV alleged that the Department disclosed personal information without consent, resulting in the loss of potential business opportunities. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the Department had breached the privacy legislation by disclosing personal information and, if so, whether the Applicant could establish a causal link between the alleged breach and the claimed loss of opportunity. The court also needed to determine the appropriate quantum of damages to be awarded, if any.

The court found that the Department had indeed breached the privacy legislation by disclosing personal information without proper authority. However, the Applicant failed to establish a causal nexus between the breach and the claimed loss of opportunity. The court considered that the onus of proof was on the Applicant to demonstrate a clear link between the breach and the loss, which was not sufficiently established. Consequently, the court awarded a nominal sum of $5,000 in damages to the Applicant for the breach of privacy, acknowledging the wrongdoing without finding a direct causal link to the claimed loss. Both parties were ordered to bear their own costs.