FEDERAL COURT OF AUSTRALIA
Patrick v Australian Information Commissioner [2024] FCAFC 93
| Appeal from: | Patrick v Australian Information Commissioner (No 2) [2023] FCA 530 |
| File number(s): | VID 765 of 2023 |
| Judgment of: | BROMWICH, ABRAHAM AND MCEVOY JJ |
| Date of judgment: | 11 July 2024 |
| Catchwords: | ADMINISTRATIVE LAW — the appellant sought a declaration that the legal limits of the Australian Information Commissioner’s authority have been exceeded and his right to an Information Commissioner review unlawfully delayed — where the appellant had several ongoing applications before the Commissioner for review of decisions made by Commonwealth agencies — where there were very significant delays in undertaking the reviews — whether there had been unreasonable delay by the Commissioner in making a decision in the sense required by s 7(1) of the ADJR Act — whether appellant would have been entitled to declaratory relief if he was prima facie entitled to that relief
HELD — no unreasonable delay for the purposes of s 7(1) of the ADJR Act — appeal dismissed |
| Legislation: | Acts Interpretation Act 1901 (Cth) s 2B and s 25D
Administrative Decisions (Judicial Review) Act 1977 (Cth) s 7 and s 16 Australian Information Commissioner Act 2010 (Cth) ss 5–9, 25 Australian Security Intelligence Organisation Act 1979 (Cth) ss 82L(1), 83ED(2), 83EE(1) Federal Court of Australia Act 1976 (Cth) s 21 Freedom of Information Act 1982 (Cth) ss 3, 11, 11A, 15, 15AA, 33, 38, 45, 47, 47B–47J, 52–54E, 54W, 54Z, 55, 55G, 55K, 55T, 55U, 56, 57A |
| Cases cited: | ASP v Commonwealth [2016] FCAFC 145; (2016) 248 FCR 372
Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2012] FCAFC 56; (2012) 201 FCR 378 BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 |
