Gao v Federal Privacy Commissioner [2002] FCA 823

Gao v Federal Privacy Commissioner [2002] FCA 823

The application was dismissed because the applicant disclosed no arguable grounds of judicial review under the AD(JR) Act, the proposed review lacked merit so an extension of time was inappropriate, the claims against the Attorney-General's Department repeated issues previously considered and were an abuse of process, and alleged breaches of the Information Privacy Principles by DIMIA were not directly actionable in the Federal Court.

Jurisdiction
Australia
Judgment Date
27 June 2002
Procedural Posture
Application Under S 11(1)(c) of the Administrative Decisions (judicial Review) Act 1977 (cth) for an Extension of Time to Bring Judicial Review Proceedings / Respondents' Notice of Motion to Dismiss and Determination of the Extension of Time Application
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time Under the Administrative Decisions (judicial Review) Act 1977 (cth)' 'information Privacy Principle 11(1)(e)' 'disclosure Reasonably Necessary for Enforcement of the Criminal Law' 'no Grounds of Review Disclosed' 'abuse of Process' 'frivolous or Vexatious Proceedings' 'direct Actionability of Information Privacy Principles']
['administrative Law' 'privacy Law'] ['extension of Time Under the Administrative Decisions (judicial Review) Act 1977 (cth)' 'information Privacy Principle 11(1)(e)' 'disclosure Reasonably Necessary for Enforcement of the Criminal Law' 'no Grounds of Review Disclosed' 'abuse of Process' 'frivolous or Vexatious Proceedings' 'direct Actionability of Information Privacy Principles']

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Procedural Posture

Application Under S 11(1)(c) of the Administrative Decisions (judicial Review) Act 1977 (cth) for an Extension of Time to Bring Judicial Review Proceedings / Respondents' Notice of Motion to Dismiss and Determination of the Extension of Time Application

Legal Issues

  1. 1 ["Whether time should be extended under s 11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) to allow review of the Federal Privacy Commissioner's decision not to investigate the applicant's privacy complaint further." 'Whether the application disclosed grounds of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth).' "Whether the claims against the Attorney-General's Department repeated matters already decided and were an abuse of process." 'Whether a complaint that DIMIA breached the Privacy Act or Information Privacy Principles could be made directly to the Federal Court.' 'Whether disclosure by DIMIA to the Registry came within Information Privacy Principle 11(1)(e) as reasonably necessary for enforcement of the criminal law.']

Ratio Decidendi

The application was dismissed because the applicant disclosed no arguable grounds of judicial review under the AD(JR) Act, the proposed review lacked merit so an extension of time was inappropriate, the claims against the Attorney-General's Department repeated issues previously considered and were an abuse of process, and alleged breaches of the Information Privacy Principles by DIMIA were not directly actionable in the Federal Court.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application filed on 17 May 2002 is dismissed.' "The applicant pay the respondents' costs of the proceeding."]