[LINK] Ben Grubb wins!
JanW
jwhit at internode.on.net
Mon May 4 20:08:19 AEST 2015
At 07:46 PM 4/05/2015, JanW wrote:
>Yep:
>http://www.theage.com.au/digital-life/digital-life-news/telstra-to-appeal-fairfax-journalist-ben-grubbs-metadata-ruling-20150504-ggtu59.html
>
>The question is: to whom can/will they appeal?
Here's the answer:
Also note the merits review rights in the new s96, from March 2014, mentioned in the last paras:
" Review rights
A party may apply under s 96 of the Privacy Act 1988 to have a decision under s 52(1) or (1A) to make a determination reviewed by the Administrative Appeals Tribunal (AAT). The AAT provides independent merits review of administrative decisions and has power to set aside, vary, or affirm a privacy determination. An application to the AAT must be made within 28 days after the day on which the person is given the privacy determination (s 29(2) of the Administrative Appeals Tribunal Act 1975). An application fee may be payable when lodging an application for review to the AAT. Further information is available on the AAT's website (www.aat.gov.au) or by telephoning 1300 366 700.
A party may also apply under s 5 of the Administrative Decisions (Judicial Review) Act 1977 to have the determination reviewed by the Federal Circuit Court or the Federal Court of Australia. The Court may refer the matter back to the OAIC for further consideration if it finds the Information Commissioner's decision was wrong in law or the Information Commissioner's powers were not exercised properly. An application to the Court must be lodged within 28 days of the date of the determination. An application fee may be payable when lodging an application to the Court. Further information is available on the Court's website (http://www.federalcourt.gov.au/) or by contacting your nearest District Registry"
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