NCKX and Australian Information Commissioner

The applicant, NCKX, sought review of a decision by the Australian Information Commissioner concerning the publication of personal information on a register by a third party. The third party had accepted adverse findings regarding the publication. NCKX claimed hurt and humiliation as a result of this publication. The dispute before the Administrative Appeals Tribunal concerned the adequacy of the compensation awarded by the third party for the breach of privacy.

The Tribunal was required to determine the appropriate quantum of compensation for the hurt and humiliation suffered by NCKX due to the unauthorised publication of their information. This involved assessing whether the compensation previously determined was adequate, considering the nature of the privacy breach and its impact on the applicant.

Deputy President Rayment OAM KC reasoned that while compensation for hurt and humiliation should be restrained, it ought not to be minimal. The Tribunal considered the circumstances of the publication and the resulting distress to the applicant. Applying principles of privacy law and compensation for non-economic loss, the Tribunal concluded that the compensation awarded was inadequate.

Consequently, the Tribunal set aside the decision under review and substituted its own decision, awarding a higher quantum of compensation to NCKX.