TYGJ and Freedom of Information Division

The Administrative Appeals Tribunal considered a privacy complaint brought by TYGJ, a serving member of the Australian Defence Force, against the Freedom of Information Division of the Department of Defence. TYGJ alleged a breach of Information Privacy Principles (IPPs) concerning the disclosure of personal information. The disclosures in question were made to a senior medical officer, the Head of Joint Health Command, and the Chief of Air Force.

The Tribunal was required to determine whether these disclosures constituted a breach of the IPPs. Specifically, the Tribunal had to assess whether the information disclosed was of a kind that would usually be passed on in the circumstances, whether the disclosure was necessary to prevent or lessen a serious and imminent threat to the life or health of TYGJ or another person, and whether the disclosure was required or authorised by law.

Deputy President Forgie reasoned that the disclosure of TYGJ's personal information was not of a kind usually passed on and that the conditions for disclosure under the IPPs, particularly concerning serious and imminent threats or legal authorisation, were not met. Consequently, the Tribunal found that the decision to disclose the information was not justified under the relevant privacy provisions. The Tribunal set aside the decision that had permitted the disclosure.