Gao v Australian Information Commissioner

[2026] FCA 24

Federal Court of Australia30 January 2026

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Decision not to investigate privacy complaint
4. › Discretion under s 41(1) of Privacy Act 1988 (Cth)
5. › Whether delegate's satisfaction that no interference with privacy was legally unreasonable or involved error of law
6. › Privacy Act 1988 (Cth), ss 36, 40, 41(1)(a)
7. › Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5
1. Privacy
2. › Credit reporting
3. › Collection and handling of personal information by credit provider and credit reporting body
4. › Australian Privacy Principles
5. › Whether credit check conducted with consent constituted interference with privacy
6. › Privacy Act 1988 (Cth), Pt IIIA, ss 20C, 20D, 20F, 20S, 21S
1. Practice and Procedure
2. › Joinder of parties
3. › Judicial review of decision not to investigate
4. › Whether entities alleged to have contravened Privacy Act should be joined as respondents
5. › Whether Court could make orders against non-parties in judicial review proceeding

Quick Take

A decision by the AIC not to investigate a privacy complaint under s 41(1)(a) of the Privacy Act is reviewable only for legal error, not on the merits; the Court cannot make orders against entities alleged to have contravened the Privacy Act in a judicial review of the AIC's decision not to investigate.