Rana and Office of the Australian Information Commissioner

The Administrative Appeals Tribunal (the Tribunal) considered an application for an extension of time to lodge an application for review of decisions made by the Australian Information Commissioner. The applicant, Rana, sought to challenge these decisions, but the primary question before the Tribunal was whether it possessed the necessary jurisdiction to hear the matter.

The central legal issue was to determine whether the relevant decision of the Australian Information Commissioner was made under section 41 or section 52 of the *Privacy Act 1988* (Cth). This classification was critical because it determined whether the Tribunal had the power to review the Commissioner's decision.

The Tribunal reasoned that the decision in question was made under section 41(1)(a) of the *Privacy Act 1988*. This section pertains to decisions made by the Commissioner regarding the handling of complaints. Crucially, the Tribunal found that decisions made under section 41 of the Act are not amenable to review by the Tribunal. Consequently, as the Tribunal lacked jurisdiction to review the Commissioner's decision, it could not grant an extension of time for an application for review.

Accordingly, the Tribunal declared that it did not have jurisdiction to entertain an application for review concerning the subject decisions and dismissed the application for an extension of time.