GR v Department of Housing (No.2) (GD)

The second respondent, GR, appealed to the Administrative Appeals Tribunal (AAT) against a decision by the first respondent, the Department of Housing, to refuse their application for a housing assistance payment. The AAT dismissed the appeal, leading to GR's further appeal to the Federal Court. The primary issue before the Court was whether the AAT correctly interpreted the meaning of "personal information" under the Privacy and Personal Information Protection Act 1998 (Cth) when it determined that the Department of Housing did not possess GR's personal information.

The Court held that the AAT did not err in its interpretation of "personal information". The Court considered that the AAT's interpretation was consistent with the ordinary meaning of the term and the purpose of the legislation. The Court found that the AAT's decision not to reopen the prior decision was not an error because it had already been properly exercised and the matter was therefore functus officio.

GR's appeal was dismissed, and the original decision of the AAT was affirmed. The Court's decision provides clarity on the meaning of "personal information" in the context of the Privacy and Personal Information Protection Act, and reinforces the principle that a tribunal's decision cannot be reopened once it has been properly exercised.