In addition to its jurisdiction under the Administrative Decisions (Judicial Review) Act 1977 to review a determination of the Information Commissioner, the Court has jurisdiction to enforce a determination of the Commissioner.

The key features of the Court's jurisdiction under the Privacy Act 1988 are:

• If there is no relevant privacy code in place, the Australian Privacy Principles apply.
• If you are not satisfied with the way in which an organisation or agency is handling your personal information, you should take up your concern with the relevant organisation in the first instance.
• If the organisation or agency doesn’t respond to your complaint or you’re not happy with their response, you can lodge a complaint with the Information Commissioner.
• The emphasis is intended to be on conciliation of complaints, but where this is not possible, the Commissioner must make a determination on the complaint.
• Determinations may be reviewed under the Administrative Decisions (Judicial Review) Act 1977.
• Determinations may be enforced by application to the Court (or the Federal Court).
• Enforcement proceedings may be instituted by a complainant or the Commissioner.
• Proceedings are by way of hearing de novo but evidence received by the Commissioner is available to the Court, as are the Commissioner’s reasons.
• The Commissioner can issue a certificate which is prima facie evidence of a breach of the relevant privacy code or Australian Privacy Principles.
• If an interference with privacy is established, the Court can make such orders as it sees fit, including a declaration of right or an injunction, for which there is to be no undertaking as to damages.

I want to enforce a privacy determination

To enforce a determination, you will need to file:

• an Application – General federal law, and
• an Affidavit - General federal law and migration or statement of claim or points of claim (see subrules 4.04(1) and (2)), and
• a copy of the Commissioner’s determination,

You may also file:

• any written reasons for the determination from the Commissioner, and
• a copy of any document that was before the Commissioner.

What do I have to pay?

You will need to pay a filing fee to the Court when you file the application.

In some circumstances, you may be exempted from paying court fees, for example, if you are a concession holder. You will need to apply to the Court for the exemption, using the Application form for exemption from paying court fees – General. You can also apply for an exemption if paying court fees would cause you financial hardship. Use the Application form for exemption from paying court fees – Financial hardship.

Filing with the Court

Wherever possible, you must file court documents online using eLodgment. For information on how to use eLodgment, see the Federal Court website.

If it is not possible to file using eLodgment, you may be able to file your documents in person, by mail, or in certain circumstances by fax or email. Contact the Court if you are not sure how to file the documents.

How do I notify the respondent?

After filing your application, you must serve the application and each document you have filed on each other party.

You can deliver the documents in person or send them by registered or express post.

To serve documents on a corporation, you (or someone who serves the documents on your behalf) can serve the documents by leaving a copy with a person who appears to be an officer of the corporation or appears to be working for the corporation. You can leave the documents:

• at the corporation’s registered office; or
• if there is no registered office, at the corporation’s main place of business or main office.

After the documents have been served, you will need to complete an Affidavit of service, which you should file with the Court (using eLodgment). The affidavit of service must be sworn or affirmed in front of a person authorised by law to witness the swearing of affidavits, such as a lawyer or Justice of the Peace. You should have a copy of the filed affidavit of service with you at the court hearing.

Response

Within 28 days after you serve the application, the respondent(s) will need to file and serve:

• a Response
• an Affidavit - General federal lawor defence or points of defence.

Discontinuance

An applicant can choose to discontinue the application at any time by filing a Notice of discontinuance with the Court.

The Court has jurisdiction to hear an appeal from a decision of:

• the Administrative Review Tribunal (ART) in a child support first review, or
• the Child Support Registrar to make a departure prohibition.

Child support first review

In a proceeding before the ART, you may appeal to the Court against a decision of the ART on a question of law*. The ART may also refer a question of law arising from the proceedings to the Court. The Court does not have jurisdiction to review the merits of the decision.

Departure prohibition order

A delegate of the Child Support Registrar may make an order, known as a departure prohibition order, stopping a person from leaving Australia. If you are aggrieved by the making of a departure prohibition order, you may appeal to the Court against the decision to make the departure prohibition order.

The appeal is limited to reviewing whether the decision was properly made. The Court may set aside the order or dismiss the appeal.

The Court does not have jurisdiction to review:

• the merits of the decision to make the departure prohibition order; or
• a decision to issue or not issue a departure authorisation certificate.

I want to appeal from a child support decision

You will need to file:

• a Notice of appeal - Child support
• a copy of:
  • the ART's decision, or
  • Child Support Registrar’s departure prohibition decision
• any statement of reasons given with the decision
• a completed financial statement in accordance with the approved form, and
• any further Affidavits on which you seek to rely.

The grounds of the appeal must explain briefly the basis on which the orders are sought.

Unless the Court orders otherwise, you must file an appeal from a decision of the ART within 28 days of receiving a written statement of reasons for the decision. You can only appeal a decision of the ART on a question of law; for more information, seek legal advice.

What do I have to pay?

There is no filing fee when you file this application.

Filing with the Court

Wherever possible, you must file court documents online using eLodgment. You can follow these instructions on how to use eLodgment or see the Federal Court website.

If it is not possible to file using eLodgment, you may be able to file your documents in person, by mail, or in certain circumstances by fax or email. Contact the Court if you are not sure how to file the documents.

How do I notify the respondent?

After your application has been filed, you must ‘serve’ the application on the respondent. That means you must make sure that the respondent receives the filed documents.

You must serve the Notice of appeal at least 28 days, and any other documents on which you intend to rely at least 21 days before the hearing date. The persons to be served include the respondent, a parent or eligible carer, and the Child Support Registrar. If you are appealing from a decision of the ART you must serve the Notice of Appeal (and other documents) on the ART within 7 days after the day of filing the appeal.

In addition to the filed documents, you must serve on the respondent the brochure Child Support Applications.

Response

Within 28 days after you serve the application, the respondent(s) will need to file and serve:

• a Response
• an Affidavit - General federal law or defence or points of defence.

Discontinuance

An applicant can choose to discontinue the application at any time by filing a Notice of discontinuance with the Court.

* Question of law – an issue arising from a case about how the law was applied or not applied to the facts of a case or about whether the process was legally adequate.

Decisions under Administrative Decisions (Judicial Review) Act 

Under the Administrative Decisions (Judicial Review) Act 1977, the Federal Circuit and Family Court of Australia (Division 2) (FCFCOA) can review a decision made by a person exercising a ‘public function’ on any one or more of the following grounds:

• that a breach of the rules of natural justice occurred in connection with the making of the decision
• that procedures that were required by law to be observed in connection with the making of the decision were not observed
• that the person who purported to make the decision did not have jurisdiction to make the decision
• that the decision was not authorised by the enactment in pursuance of which it was purported to be made
• that the making of the decision was an improper exercise of the power conferred by the enactment in pursuance of which it was purported to be made
• that the decision involved an error of law, whether or not the error appears on the record of the decision
• that the decision was induced or affected by fraud
• that there was no evidence or other material to justify the making of the decision
• that the decision was otherwise contrary to law.

Appeals from the Administrative Review Tribunal

The Federal Court may, on your application or on its own initiative, transfer to the FCFCOA any proceeding that is an appeal from the Administrative Review Tribunal (ART). FCFCOA will then have power to make orders in the case even if it would not otherwise have jurisdiction (section 179(4) of the Administrative Review Tribunal Act 2024).

The Federal Court may transfer to the FCFCOA an appeal from a decision by a member of the ART: see section 179 of the Administrative Review Tribunal Act 2024 (Cth).

I want to apply under the Administrative Decisions (Judicial Review) Act

You will need to file:

• a completed Initiating application for an order of review under ADJR: Form 66, and
• an affidavit - general federal law and migration or statement of claim or points of claim (see subrules 4.04(1) and (2)), and
• a copy of the decision you are seeking to have reviewed, and;
• any statement of reasons given with the decision.

You must file your application within 28 days from notification of the decision or of the reasons for the decision (whichever is the later). If you are out of time and want to apply for an extension of time within which to apply, you must also file:

• an Application for an extension of time, and
• an affidavit - general federal law and migration stating:
  • the facts on which the application relies, and
  • why the application was not filed within time.

What do I have to pay?

You will need to pay a filing fee when you file the application.

In some circumstances, you may be exempted from paying court fees, for example, if you are a concession holder. You will need to apply for the exemption, using the Application form for Exemption from Paying Court Fees – General. You can also apply for an exemption if paying court fees would cause you financial hardship. Use the Application form for Exemption from Paying Court Fees – Financial Hardship.

Filing with the FCFCOA

Wherever possible, you must file court documents online using eLodgment. You can follow these instructions on how to use eLodgment or see the Federal Court website.

If it is not possible to file using eLodgment, you may be able to file your documents in person, by mail, or in certain circumstances by fax or email. Contact the Court if you are not sure how to file the documents.

How do I notify the respondent?

Within 5 days after filing your application, you must serve a copy of each document on each other party.

You can serve the documents by delivering them in person or sending them by registered or express post.

If you cannot serve the documents in person or the documents sent by post cannot be delivered, you can apply for an order allowing you to serve the documents in a different way, for example, by email. This is known as ‘substituted service’. You make that application by filing an Application in a proceeding with an accompanying affidavit - general federal law and migration explaining why you want substituted service.

After the documents have been served, you will need to complete an affidavit of service, which you should file using eLodgment. The affidavit of service must be sworn or affirmed in front of a person authorised by law to witness the swearing of affidavits, such as a lawyer or Justice of the Peace. You should have a copy of the filed affidavit of service with you at your court hearing.

Application in a proceeding

If you want to make an interlocutory application in the proceeding before final orders have been made, you should file an Application in a proceeding. The application must be supported by an affidavit - general federal law and migration unless the evidence relied on is already before the court in an affidavit. The application and supporting affidavit must be served on all persons against whom the order is sought.

My appeal from the ART has been transferred to the Court

An appeal from a decision of the ART does not affect the operation of the decision or prevent action being taken to implement the decision.

If you want the decision to be stayed until the appeal is decided, you will need to file an Application in a proceeding seeking an order that stays the ART decision.

The Federal Circuit and Family Court (the Court) has jurisdiction to:

• review decisions under the Administrative Decisions (Judicial Review) Act 1977
• determine some appeals from the Administrative Review Tribunal
• determine child support appeals, and
• enforce determinations of the Information Commissioner under the Privacy Act 1988.