Recent Cases

Patrick v Australian Information Commissioner [2024] FCAFC 93 (11 July 2024) (Bromwich, Abraham and McEvoy JJ)


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