At v Commissioner of Police, New South Wales Police

In the matter of At v Commissioner of Police, New South Wales Police, the Federal Court was tasked with examining an application for external review concerning an alleged breach of an information protection principle. The applicant, At, sought review of a determination made by the New South Wales Police following an internal review. The crux of the dispute lay in the timeliness of At's application for external review, which was lodged two years after the internal review decision. The key legal issue for the court to determine was whether At's application for external review was lodged within a 'reasonable time' as required by the applicable legislative provisions.

The court began its analysis by examining the statutory framework governing the review process, focusing on the timeliness requirement for lodging an application for external review. It considered whether the delay in lodging the application impacted the court's jurisdiction to hear the matter. The court highlighted that the reasonableness of the time taken to lodge the application should be assessed in light of the specific circumstances of the case, including the complexity of the issues, the availability of information, and any other relevant factors. The court ultimately found that the two-year delay was not reasonable, as it significantly impeded the commissioner's ability to defend the application and the overall effectiveness of the review process. Consequently, the court dismissed the application for external review on the grounds that it was not lodged within a reasonable time.

The court's decision underscores the importance of adhering to statutory timelines in the review process. It reinforces the necessity for applicants to act promptly in seeking external review to ensure the efficiency and fairness of the review process. The dismissal of At's application serves as a reminder that the courts will strictly enforce procedural requirements, particularly those related to timeliness, in the context of external reviews of administrative decisions.