Gao v Federal Privacy Commissioner [2001] FCA 1683

Gao v Federal Privacy Commissioner [2001] FCA 1683

The application was dismissed because, in its present form, it disclosed no reasonable cause of action: the claim against the Federal Privacy Commissioner did not identify an AD(JR) Act ground and was more than twelve months out of time; no basis was shown for reviewing any Attorney-General's Department decision; and the Privacy Act complaint against DIMA had to be made to the Privacy Commissioner rather than directly to the Court.

Jurisdiction
Australia
Judgment Date
16 November 2001
Procedural Posture
Federal Court Application Concerning Privacy Act 1988 and Administrative Decisions (judicial Review) Act Review Issues / Hearing of Respondents' Motion That the Substantive Application Be Dismissed as Disclosing No Reasonable Cause of Action
Outcome
Application dismissed.
Legal Topics
['judicial Review' 'privacy Complaint Procedure' 'extension of Time' 'no Reasonable Cause of Action' 'disclosure of Personal Information']
['administrative Law' 'privacy Law'] ['judicial Review' 'privacy Complaint Procedure' 'extension of Time' 'no Reasonable Cause of Action' 'disclosure of Personal Information']

Case Brief

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Procedural Posture

Federal Court Application Concerning Privacy Act 1988 and Administrative Decisions (judicial Review) Act Review Issues / Hearing of Respondents' Motion That the Substantive Application Be Dismissed as Disclosing No Reasonable Cause of Action

Legal Issues

  1. 1 ["Whether the application disclosed a basis for review in the Federal Court of the Federal Privacy Commissioner's decision rejecting the applicant's Privacy Act complaint against DIMA." "Whether any decision by the Attorney-General's Department concerning the applicant's perjury complaint was reviewable by the Federal Court." 'Whether a complaint against DIMA for contravention of the Privacy Act could be made directly to the Federal Court.' 'Whether the application disclosed a reasonable cause of action.']

Ratio Decidendi

The application was dismissed because, in its present form, it disclosed no reasonable cause of action: the claim against the Federal Privacy Commissioner did not identify an AD(JR) Act ground and was more than twelve months out of time; no basis was shown for reviewing any Attorney-General's Department decision; and the Privacy Act complaint against DIMA had to be made to the Privacy Commissioner rather than directly to the Court.

Court Disposition

Application dismissed.

Orders

  • ['THAT the application be dismissed.']