Botre and Privacy Commissioner

[2022] AATA 746

Botre and Privacy Commissioner [2022] AATA 746 (11 April 2022)

Division:GENERAL DIVISION

File Number(s):      2022/0801

Re:Botre

APPLICANT

Privacy Commissioner And  

RESPONDENT

DECISION

Tribunal:Deputy President B W Rayment OAM QC

Date:11 April 2022

Place:Sydney

The Tribunal does not have jurisdiction in respect of the application for review lodged by the applicant on 26 January 2022.

......................[sgd]..................................................

Deputy President B W Rayment OAM QC

CATCHWORDS

PRACTICE AND PROCEDURE - jurisdiction – application for review of Commonwealth Ombudsman – no power to review decisions of Commonwealth Ombudsman – no power to review decisions made by the Privacy Commissioner under s.41 of the Privacy Act 1988 –no jurisdiction

LEGISLATION

Ombudsman Act 1976

Privacy Act 1988

REASONS FOR INTERLOCUTORY ORDER

Deputy President B W Rayment OAM QC

11 April 2022

REASONS FOR INTERLOCUTORY ORDER

1. The applicant applied for review of a decision of the Commonwealth Ombudsman dated 24 January 2022.  The Ombudsman Act 1976 does not confer power on this Tribunal to review the activity of, or decisions made by the Commonwealth Ombudsman.

2. Certain decisions of the Privacy Commissioner may be reviewed by the Tribunal. The relevant decision made by the Privacy Commissioner was made under s.41 of the Privacy Act 1988 (the Act). Section 96 of that Act provides for review of certain decisions of the Privacy Commissioner. A decision under s.41 of the Act is not within the review powers of the Tribunal.

3. Accordingly the Tribunal has no power to entertain the application made by Mr Botre.

4. Correspondence filed by the applicant includes some advice given to the applicant about several other possible steps open to the applicant, which do not appear to have been taken by Mr Botre to date.

5. For reasons mentioned in 1-4 above the application will be dismissed.

I certify that the preceding 5 (five) paragraphs are a true copy of the reasons for the decision herein of Deputy President B W Rayment OAM QC

......................[sgd]..................................................

Associate

Dated: 11 April 2022

Date(s) of hearing:	29 March 2022
Advocate for the Applicant:	Self-Represented