BL v Office of the Information Commissioner, Department of Communities

The case involved an appeal by BL against a decision of the Information Commissioner to deny access to adoption records, specifically the name of BL’s birth father. The decision was made under the Information Privacy Act 2009 (Vic) and the Freedom of Information Act 1982 (Cth). The dispute was heard in the Court of Appeal of the Supreme Court of Victoria.

The central legal issues revolved around the scope of the Commissioner's authority under the Information Privacy Act, the applicability of the prohibition on disclosure of adoption information, and whether the Commissioner's reliance on a different prohibition compared to the Department constituted an error of law. Additionally, the court had to consider whether there was a failure to serve the Attorneys-General, as required by the legislation, and whether there was an inconsistency between state and federal laws that could affect the decision. The court also needed to address whether the Information Commissioner's decision amounted to discrimination and whether there was an available remedy for such a claim.

The court found that the Commissioner did not err in law by relying on a different prohibition than that of the Department, as the statutory framework allowed for this divergence. The court held that there was no available cause of action for discrimination under the Information Privacy Act. The court further concluded that there was no inconsistency between state and Commonwealth legislation and that there was no procedural error in failing to serve the Attorneys-General as required by the legislation. Ultimately, the court dismissed the appeal, finding that the Commissioner's decision was lawful and correctly made.

The court's decision resulted in the dismissal of the appeal, affirming the Information Commissioner's decision to deny access to the adoption records in question.