MORRIS -v- INFORMATION COMMISSIONER AT WA OFFICE [2016] WASC 336
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2016] WASC 336 | |
| Case No: | GDA:17/2015 | 29 MARCH 2016 | |
| Coram: | CORBOY J | 17/10/16 | |
| 23 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| B | |||
| PDF Version |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Appellant
AND
INFORMATION COMMISSIONER AT WA OFFICE
First Respondent
ARMADALE HEALTH SERVICE
Second Respondent
ON APPEAL FROM:
Jurisdiction : OFFICE OF THE INFORMATION COMMISSIONER
Coram : MR S BLUEMMEL
File No : F 222 of 2015
Catchwords:
Appeal - Amendment of information - Appeal from decision by the Information Commissioner to cease dealing with a complaint
Legislation:
Freedom of Information Act 1992 (WA), pt 3, pt 4
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant : In person
First Respondent : Ms S Lloyd
Second Respondent : Mr A Mason
Solicitors:
Appellant : In person
First Respondent : Principal Legal Officer, Office of the Information Commissioner
Second Respondent : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Attorney General (NSW) v X [2000] NSWCA 199; (2000) 49 NSWLR 653
Civil Aviation Safety Authority v Central Aviation Pty Ltd [2009] FCAFC 137; (2009) 179 FCR 554
Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280
Crewdson v Central Sydney Area Health Service [2002] NSWCA 345
Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409
Francis v Department of Defence [2012] AATA 838; (2012) 59 AAR 35
Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315
Paridis v Settlement Agents…
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- Case
- [2016] WASC 336
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the scope of the Commissioner's powers under the Information Privacy Act 2012 (WA) and the appropriate interpretation of the statutory provisions concerning the amendment of personal information. Specifically, the court needed to determine whether the Commissioner had acted beyond his statutory powers and whether the statutory provisions were correctly applied to the facts of the case.
The Federal Court found that the Commissioner's decision to cease dealing with the complaint was within the scope of his statutory powers. The court held that the Commissioner correctly interpreted the statutory provisions regarding the amendment of personal information. The appeal was dismissed, affirming the Commissioner's decision.
Orders
Orders of the court
Appeal dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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