Orfali v Australian Information Commissioner

Mr Orfali brought an application for an extension of time to file an application for judicial review of a decision of the Australian Information Commissioner. The decision concerned complaints Mr Orfali made to the Commissioner about alleged breaches of his privacy by various entities, including media companies, government departments and ministers. The Commissioner's delegate decided not to investigate the complaints on the ground they were lacking in substance. Mr Orfali sought an extension of time to file an application for judicial review of this decision under the Administrative Decisions (Judicial Review) Act 1977 (Cth). The primary issue before the court was whether Mr Orfali's application for an extension of time should be granted. The court found that Mr Orfali's application was 18 days out of time and there were no exceptional circumstances to warrant an extension of time. The court held that it would not grant an extension of time to Mr Orfali. The court found that there were no exceptional circumstances to justify an extension of time, and that Mr Orfali had not demonstrated any grounds for the court to exercise its discretion in favour of an extension of time. The court noted that Mr Orfali's complaints were complex and involved a large volume of material, but this did not amount to exceptional circumstances. The court also noted that Mr Orfali had not provided any explanation for the delay in filing his application. The court held that the application for an extension of time was refused.