Administrative Appeals Tribunal of Australia|2019-02-08|Before: Chris Puplick AM

The Applicant has put to the Tribunal that her father is "afraid" and "fearful" of personal information about him, especially his health status, residential address or asset worth appearing "on the internet". In her formal communication with the Tribunal, the applicant stated:

"I would like my parents information not to be published online is simply for my they're (sic) own privacy."[5]

No reason was advanced as to why Mr Azzopardi might hold such fears and none was elaborated in oral testimony. Nevertheless the Tribunal understands that people may have genuine concerns about the release of their personal information for any variety of reasons.

The Applicant has simply not advanced any cogent reasons as to why a departure from normal Tribunal practice should be countenanced, therefore the Tribunal cannot accept that a sufficient ground to invoke section 35(3) of the Act has been made out.
Given that the Applicant bears the onus of establishing that such confidentiality orders should be granted and that, in this instance, has failed to do so, the application must fail.

The Tribunal declines to make a confidentiality order under 35 of the Administrative Appeals Tribunal Act 1975.

I certify that the preceding 25 (twenty -five) paragraphs are a true copy of the reasons for the decision herein of Chris Puplick AM, Senior Member

...........................[sgd].............................................

Mr S Agnello, Department of Human Services (by phone)

[1] Such confidentiality requirements may also be imposed by statute: Children (Criminal Proceedings) Act 1987 (NSW), Children and Young Persons (Care and Protection) Act 1998 (NSW).

[2] An extensive list of such cases may be found in Pearce D, Administrative Appeals Tribunal (4th ed, LexisNexis Butterworth, Australia7 2015) at [11.15].

[3] Australian Careers Institute Pty Ltd and Australian Skills Quality Authority [2016] AATA 730 at [9].

[4] See Chris Puplick, 'Justice: Now Open to Whom?' (2002) Judicial Review, Vol.6 No.1 95-109. . Delivered to the Annual Conference of the Industrial Relations Commission of New South Wales, 1-3 May 2002, originally delivered to the Supreme Court of New South Wales Annual Conference, 24-26 August 2001.

[5] Applicant's email to the Tribunal dated 12 December 2018.

Appeals Tribunal Act 1975

(Criminal Proceedings) Act 1987

Young Persons (Care and Protection) Act 1998

Information Act 1982

Azzopardi and Secretary, Department of Social Services (Social services second review) [2019] AATA 105 (8 February 2019)

Australian Careers Institute Pty Ltd and Australian Skills Quality Authority [2016] AATA 730

Australian Securities and Investment Commission v Administrative Appeals Tribunal [2009] FCAFC 185

Flood v Secretary, Department of Social Security [1994] AATA 13

Global Financial Markets Pty Ltd and Australian Securities and Investments Commission [2017] AATA 1397

JWTT v Commissioner of Taxation [2017] AATA 1612

Panganiban v Australian Securities and Investments Commission [2016] AATA 703

Paul and Minister for Immigration and Citizenship [2011] AATA 831

Poidevin v Australian Securities and Investment Commission [2018] AATA 124

Re Andy Soames and Secretary, Department of Housing, Community Services and Indigenous Affairs [2012] AATA 107

Re Confidential A and Commissioner of Taxation [2013] AATA 24

Re Pochi and Minister for Immigration and Ethnic Affairs [1979] AATA 64; [1979] 2 ALD 33

Smart City Vocational College Pty Ltd v Australian Skills Quality Authority [2017] FCA 198

Azzopardi and Secretary, Department of Social Services (Social services second review) [2019] AATA 105 (8 February 2019)

At a glance

Court

Decision date

Before

Source

Judgment (13 paragraphs)

Legislation Cited (4)

Cases Cited (13)

Azzopardi and Secretary, Department of Social Services (Social services second review) [2019] AATA 105 (8 February 2019)