Austen v Civil Aviation Authority - [1994] FCA 303

MICHAEL JAMES AUSTEN v. CIVIL AVIATION AUTHORITY
No. WAG113 of 1993
FED No. 303/94
Number of pages - 9
Privacy
(1994) 33 ALD 429

COURT

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
WILCOX, FOSTER AND CARR JJ

CATCHWORDS

Privacy - airline pilot - medical records - file maintained by Civil Aviation Authority - disclosure of file contents to airline proposing to employ appellant - appellant signed authority to release medical history - whether breach of Information Privacy Principles - whether breach of obligation of confidence - whether disclosure otherwise actionable.

Privacy Act 1988 (Cth) ss.6, 14, 15, 89, 90, 91, 93, 94

Public Service Act 1922 (Cth) s.97(1)(k)

Public Services Regulations, 8A, 8B

Beaudesert Shire Council v. Smith (1969) 120 CLR 145

Farrington v. Thomson and Bridgland (1959) VR 286

Kitano v. The Commonwealth (1974) 129 CLR 151

HEARING

PERTH, 23 March 1994
#DATE 20:5:1994

The Appellant: the appellant appeared in person

assisted by Dr S C Churches

Counsel for the Respondent: K J Martin with him J A Thornton

Solicitors for the Respondent: Parker and Parker

ORDER

THE COURT ORDERS THAT:
1. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal.
NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.

JUDGE1

WILCOX, FOSTER AND CARR JJ This is an appeal against a decision of a Judge of the Court dismissing the appellant's application for damages said to have been sustained by the disclosure of the contents of a medical file kept by the respondent in relation to the appellant ("the medical history file"). At first instance the causes of action upon which the applicant relied were defamation, negligence, breach of statutory duty, misfeasance in a public office, intentional inducement of breach of contract, the rule in Beaudesert Shire Council v. Smith (1969) 120 CLR 145 and breach of obligations of confidence said to arise out of the Privacy Act 1988 (Cth) and in equity. The trial judge dismissed all of the claims following 15 days of hearing. There was no appeal in respect of his Honour's dismissal of the claims based on defamation. The appellant appeared in person at the trial and on the hearing of the appeal, but Dr S.C. Churches of counsel, acting on a voluntary basis, presented the appellant's legal arguments in respect of the appeal. Factual Background

The appellant holds a Senior Commercial Pilot Licence and, immediately prior to the events which gave rise to his claim, had been flying Boeing 737 200 Series aircraft for an airline in the United Kingdom. In October 1989, on the occasion of what was known as the Airline Pilots' Dispute the appellant returned to Australia and applied to Ansett Transport Industries (Operations) Pty Ltd ("Ansett") for employment as a pilot. After two interviews Ansett told the appellant that his application had been successful and that, subject to passing a medical examination and a simulator check, he would be employed to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1994] FCA 303
Decision Date: 20 MAY 1994

CaseChat Overview and Summary

Austen brought a case against the Civil Aviation Authority (CAA) regarding the disclosure of his medical records. Austen, an airline pilot, had signed an authority permitting the release of his medical history to an airline that proposed to employ him. However, he contested whether the CAA's disclosure of his file contents to the airline was a breach of the Information Privacy Principles, an obligation of confidence, or otherwise actionable.

The court examined whether the CAA's disclosure of Austen's medical records to the airline breached the Information Privacy Principles, breached an obligation of confidence, or was otherwise actionable. The court had to determine whether the disclosure was consistent with the purpose for which the information was collected and whether it was an unreasonable intrusion into Austen's privacy. Additionally, the court considered whether the CAA's disclosure breached any implied obligation of confidence and if it was otherwise actionable under common law.

The court found that the CAA's disclosure of Austen's medical records to the airline was not a breach of the Information Privacy Principles, an obligation of confidence, or otherwise actionable. The court reasoned that Austen had signed an authority permitting the release of his medical history, and the disclosure was necessary for the airline to make an informed employment decision. Furthermore, the court held that the CAA's disclosure was consistent with the purpose for which the information was collected and did not constitute an unreasonable intrusion into Austen's privacy. The court also found that the CAA did not breach any implied obligation of confidence and that the disclosure was not otherwise actionable under common law.

The court dismissed Austen's appeal and ordered that he pay the CAA's costs of the appeal. The court held that the CAA's disclosure of Austen's medical records to the airline was lawful and that Austen's claims were without merit. The court's decision reinforces the importance of obtaining informed consent before disclosing personal information and the need for organisations to balance individuals' privacy rights with legitimate interests.

Orders

Orders of the court

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal.

NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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