FEDERAL COURT OF AUSTRALIA
Gao v Federal Privacy Commissioner [2002] FCA 823
ADMINISTRATIVE LAW – appeal under s 11(1)(c) Administrative Decisions (Judicial Review) Act 1977 (Cth) for extension of time – no grounds of review disclosed – proceeding an abuse of process.
PRIVACY LAW – alleged contravention of Information Privacy Principle (11)(1)(e) of the Privacy Act 1988 (Cth) – where government department made aware of false information provided on birth certificate – disclosure of information reasonably necessary for enforcement of the criminal law – no consent to disclosure of information required when disclosure reasonably necessary for enforcement of the criminal law – Information Privacy Principles not directly actionable under the Privacy Act 1988 (Cth) in any event.
Administrative Decisions (Judicial Review) Act 1977 (Cth): s 11(1)(c)
Federal Court Rules: O 20 r 2(1)
Privacy Act 1988 (Cth): s 14Gao v Federal Privacy Commissioner [2001] FCA 1683, followed
Gao v Federal Privacy Commissioner [2002] FCAFC 128, followed
Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, applied
Lucic v Nolan (1982) 45 ALR 411, appliedPENG YUAN GAO v FEDERAL PRIVACY COMMISSIONER & ORS
V 298 of 2002
GOLDBERG J
19 JUNE 2002
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 298 of 2002
BETWEEN:
PENG YUAN GAO
ApplicantAND:
FEDERAL PRIVACY COMMISSIONER
First RespondentROBERT GARRAN OFFICES,
ATTORNEY‑GENERAL’S DEPARTMENT
Second RespondentMINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Third RespondentJUDGE:
GOLDBERG J
DATE OF ORDER:
19 JUNE 2002
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1. The application filed on 17 May 2002 is dismissed.
2. The applicant pay the respondents’ costs of the proceeding.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 298 of 2002
BETWEEN:
PENG YUAN GAO
ApplicantAND:
FEDERAL PRIVACY COMMISSIONER
First RespondentROBERT GARRAN OFFICES,
ATTORNEY‑GENERAL’S DEPARTMENT
Second RespondentMINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Third Respondent
JUDGE:
GOLDBERG J
DATE:
19 JUNE 2002
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
On 17 May 2002 the applicant applied to the Court pursuant to s 11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (“AD(JR) Act”) for an extension of time within which to bring an application to review certain decisions made under the provisions of that Act. The applicant identified those decisions as follows:
“1.DIMA was told not to disclose the privacy by applicant while the information collected for the purpose of verifying that Yu Jing ZHU [ZHU] committed the offence at Migration Act 1958, but DIMA was knowingly to disclose the privacy after 7 days collected information and take advantage of the privacy making application on behalf of applicant to another for different purpose without consent from applicant. FPC alleged that to disclose the privacy in order to another to investigate whether a criminal offence had been committed or not. So for the offence has not been prosecuted at all if it was criminal offence.
Continue reading Repatriation Commission v Hendy
Sign in free to access the full text
- AGLC
- Repatriation Commission v Hendy [2002] FCA 823
- Case
- [2002] FCA 823
- Decision Date
CaseChat Overview and Summary
The court, through Ryan J, dismissed the application, finding that it did not disclose a reasonable cause of action. Firstly, regarding the Privacy Commissioner, the court held that the application was not only filed outside the prescribed period but also failed to identify any error of law or other grounds for review as permitted by the AD(JR) Act. Secondly, concerning the Attorney-General’s Department, the court determined that no basis for judicial review had been shown, as the decision not to prosecute was not subject to review by the court. Lastly, the court reiterated that any complaint against DIMA for privacy breaches should have been directed to the Privacy Commissioner and not to the court, and any such review would be subject to the same jurisdictional constraints and time limitations.
In conclusion, the court dismissed the application, emphasizing that the applicant’s action did not meet the necessary criteria for judicial review and was filed beyond the allowable time frame. The court made no specific order regarding costs at that time but indicated that any subsequent application would need to consider the circumstances of the current proceedings. The sole order made was the dismissal of the application.
Orders
Orders of the court
1. The application filed on 17 May 2002 is dismissed.
2. The applicant pay the respondents’ costs of the proceeding.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: GOLDBERG J
Full text does not contain this section.