Diack

This case involved a request by Ms. Miranda Diack, a member of the Flight Attendants’ Association of Australia (FAAA), for a direction under section 236(1) of the Fair Work (Registered Organisations) Act 2009 to gain access to the Association's register of members. Ms. Diack sought the register for various purposes including for electioneering and to share information with members about services and programs. The FAAA opposed the application on the basis that it would facilitate improper use of the personal information contained in the register and that there were no reasonable grounds for seeking access. The central legal issue was whether the General Manager had sufficient grounds to issue a direction under s.236(1). The decision held that there were other grounds for giving a direction under s.236(1)(b)(ii) and that the objects of the Act would best be served by exercising the discretion in favour of Ms. Diack. The decision also considered privacy concerns and concluded that the release of the register was authorised by law and therefore did not contravene the Privacy Act. As a result, the General Manager issued a direction under s.236(1) requiring the FAAA to deliver a copy of the register to the General Manager within two weeks.