Bailey v Child Support Registrar

Case [2008] FMCA 1215

FEDERAL MAGISTRATES COURT OF AUSTRALIA

BAILEY v CHILD SUPPORT REGISTRAR [2008] FMCA 1215

PRIVACY – Injunctions – whether information collected by Child Support Agency breaches – Privacy Act 1988, s.14, Principle 1 – information collected for lawful purpose – assessing child support lawful purpose for collecting financial information concerning the parents.

CHILD SUPPORT – Operation of scheme – validity of administrative departure provisions – registrar initiated departures – effect of departure determination.

CHILD SUPPORT – Operation of scheme – validity of administrative departure provisions – registrar initiated departures – availability of notices requiring information.
Privacy Act 1988, ss.14, 98
Child Support (Assessment) Act 1989, ss.4, 35, 63B, 65, 75, 98K, 98S, 161, 117
Administrative Decisions (Judicial Review) Act 1977, s.3, Sch 1
Acts Interpretation Act 1901, ss.13, 15AB
Cameron v Cole [1944] HCA 5; (1944) 68 CLR 571; [1944] ALR 130; (1944) 17 ALJR 397
Chamberlain & Slade [2008] FMCAfam 37.
Hendy v Deputy Child Support Registrar [2001] FamCA 632; (2001) 27 Fam LR 641; (2001) 164 FLR 236
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355; (1998) 153 ALR 490; (1998) 72 ALJR 841; [1998] 8 Leg Rep 41
Perryman & Perryman [1993] FamCA 75; (1993) FLC ¶92-433
Re Interlego Ag and Lego Australia Pty Ltd v Croner Trading Pty Ltd [1992] FCA 624; (1992) 39 FCR 348; (1992) 25 IPR 65; (1992) 111 ALR 597; (1993) AIPC 90-956; (1993) ATPR (Digest) 46-098
Applicant: MR BAILEY
Respondent: CHILD SUPPORT REGISTRAR
File Number: MLG 567 of 2008
Judgment of: Riethmuller FM
Hearing date: 6 June 2008
Date of Last Submission: 6 June 2008
Delivered at: Melbourne
Delivered on: 1 September 2008

REPRESENTATION

Applicant: In person
Counsel for the Respondent: Ms Tulloch
Solicitors for the Respondent: Australian Government Solicitor

ORDERS

  1. The application is dismissed.

  2. The applicant pay the respondent’s costs to be taxed according to the Federal Court scale.

IT IS NOTED that publication of this judgment under the pseudonym Bailey v Child Support Registrar is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 567 of 2008

MR BAILEY

Applicant

And

CHILD SUPPORT REGISTRAR

Respondent

REASONS FOR JUDGMENT

  1. This Application was filed on the 9 May 2008 and heard on the 12 June 2008.  The applicant brings this Application pursuant to the Privacy Act 1988.  He seeks the following Orders:

    1.The court grant an injunction restraining the CSR from engaging in further invasions of my privacy;

    2.Refund of excess child support, penalties, and court costs paid as a result of illegal RICAT;

    3.CSR to provide an amended child support assessment under s.75 of the CSA Act to revert my assessment back to the legal assessment prior to the Part 6A  action, and issue a Full Transaction Statement to cement the act.

    4.Return all information held by CSA regarding myself, and…

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Details
AGLC
Bailey v Child Support Registrar [2008] FMCA 1215
Case
[2008] FMCA 1215
Decision Date

CaseChat Overview and Summary

Bailey brought an action against the Child Support Registrar, seeking an injunction against the Registrar from further collecting certain information in relation to child support assessments. The case was heard in the Federal Court of Australia. The applicant claimed that the collection of information by the Child Support Agency was in breach of the Privacy Act 1988, specifically section 14 and Principle 1, on the basis that the information was collected for an unlawful purpose. The Registrar initiated departures from the administrative provisions of the Child Support (Assessment) Act 1989, and the applicant claimed that the Registrar did not have the power to do so.

The court was required to determine whether the collection of information by the Child Support Agency breached the Privacy Act 1988, and whether the Registrar had the power to initiate departures from the administrative provisions of the Child Support (Assessment) Act 1989. The court found that the information collected was for the lawful purpose of assessing child support, and that the Registrar had the power to initiate departures from the administrative provisions. The court also found that the applicant had not demonstrated a sufficient likelihood of success in their claim to warrant the grant of an injunction.

The court dismissed the application and ordered the applicant to pay the respondent’s costs to be taxed according to the Federal Court scale. The court held that the collection of information by the Child Support Agency was for the lawful purpose of assessing child support, and that the Registrar had the power to initiate departures from the administrative provisions. The court found that the applicant had not demonstrated a sufficient likelihood of success in their claim to warrant the grant of an injunction. The court held that the Registrar’s actions were in accordance with the law, and that the applicant’s claims were without merit.

Orders

Orders of the court

1.

The application is dismissed.

2.

The applicant pay the respondent’s costs to be taxed according to the Federal Court scale.

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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