EM v Department of Education and Training (No 2)

In this case, EM sought review of a decision by the Department of Education and Training regarding a complaint of a breach of the Privacy Act 1988. The dispute centred on whether the applicant was aware of the alleged breach at the time required by law to lodge a complaint. The matter was heard in the Administrative Appeals Tribunal of Australia. The central legal issues for the court to decide were the timing of the applicant's awareness of the alleged breach and whether the application for review was lodged within the statutory time limit. The applicant argued that they were not aware of the breach until a certain date, which would make their application timely. The Department contended that the applicant was, in fact, aware earlier than claimed, rendering the application out of time.

The Tribunal examined the evidence presented regarding when the applicant became aware of the breach. It considered the timeline of events, the applicant's statements, and other relevant information. The Tribunal found that the applicant's awareness was established later than the Department argued, and that the application for internal review was made within the required timeframe. This determination allowed the Tribunal to exercise jurisdiction over the substantive matter. Consequently, the application for review was deemed timely, and the Tribunal ruled that it had the authority to proceed with the review.

The outcome of the decision was that the application for internal review was made within the statutory period, granting the Tribunal jurisdiction to hear the substantive matter. The court found that the applicant's awareness of the breach occurred later than asserted by the Department, thereby validating the timeliness of the application. The proceedings were scheduled for further directions, ensuring that the substantive issues could be addressed appropriately. This decision allowed the case to progress to the next stage, where the actual merits of the complaint could be examined.