AIT18 v Australian Information Commissioner [2018] FCAFC 192: favourable interpretations of the Privacy Act

Your Hosts: Melissa Gangemi and Laura Butler

Cost: $59.95

Under s 52 of the Privacy Act 1988, the Information Commissioner may determine that an interference with privacy has occurred. AIT18 concerns an appeal from a decision of the AAT setting aside the Commissioner’s determination that DVA had disclosed personal information without authority. The judgment provides important guidance for practitioners on the interpretation of the Privacy Act 1988 and when a use or disclosure of personal information will be impliedly required or authorised under law. 

This video is 20 minutes in length and will equate to ½ CPD point.

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Melissa Gangemi, AGS Senior Lawyer

Melissa regularly advises on administrative law matters, including migration, citizenship and information access. She is one of AGS’s most experienced privacy lawyers with particular expertise conducting complex privacy impact assessments. 

She has broad experience in conducting judicial and merits review for various government clients, including Immigration. She has also undertaken a number of outposts giving general and specific administrative law advice. 

Melissa is an accredited administrative law specialist. In 2015, she received an AGS Australia Day Award for her involvement with the Federal Court litigation conducted on behalf of the Australian Sports Anti-Doping Authority commenced by the Essendon Football Club and former coach James Hird.

Laura Butler, AGS Lawyer

Laura is a member of our General Administrative Law team, working on a variety of matters including migration disputes in the Federal Circuit Court, Federal Court and Administrative Appeals Tribunal, matters relating to the Freedom of Information Act 1982 and Privacy Act 1988, and matters seeking review of decisions to refuse access to the National Disability Insurance Scheme. Previously, she worked in a government agency, investigating non-compliance with legislative requirements, compiling briefs of evidence and preparing witness statements and memoranda. In this role, Laura gained significant exposure to various aspects of administrative law, corporate law and criminal law, and the interaction between jurisdictions. 

She has strong research skills and provided valuable assistance as part of the team on the Royal Commission into Institutional Responses to Child Sexual Abuse, including analysing and reviewing documents, carrying out research and drafting correspondence. She has provided detailed and complex advices to a number of government on their obligations under the Privacy Act 1988, including conducting a privacy audit and preparing a report on compliance with the Australian Privacy Principles for a federal agency. 

Laura co-presented at the 2016 Migration Forum on the topic of the Model Litigant Obligation. Laura organised and co-presented at the Adelaide FOI and Privacy Forums held in 2017 and 2018, and delivers FOI and privacy training nationally.

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