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On 10 February 2014, the Department of Immigration and Border Protection (now known as the Department of Home Affairs) published in error a detention report on its website which contained personal information of individuals who were, as at 31 January 2014, in immigration detention, in community detention, or in alternative places of detention (the data breach).

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You may need to take active steps during the next year in order to claim compensation. If you do not stay updated on this case, you may miss an opportunity to claim compensation. Signing up to the mailing list will allow us to email you updates and important information about what you need to do. It does not mean we will act as your lawyer

Review by the AAT

The Australian Information and Privacy Commissioner published a decision in January 2021 following a representative complaint being made. That decision is now being reviewed by the Administrative Appeals Tribunal (AAT).

Slater and Gordon are acting for the applicants in the review of the determination before the AAT. The AAT will reconsider the representative complaint and make a new decision that will apply to all individuals impacted by the data breach.

The AAT will not reconsider the fact that the Department breached the privacy of people by disclosing their information, as this is agreed to be the case. The AAT will decide what compensation people impacted by the data breach are entitled to and how the compensation should be assessed.

AAT Review hearing

The hearing for the AAT review is scheduled to take place over two days, from 13 December 2021 at 10:15am. The AAT will not make a decision until 2022.

If you want to view the hearing online by video, you can find out how to view the hearing here.

What do I need to do?

People affected by the data breach do not need to take any steps at this stage. However, you may need to take active steps in 2022 in order to claim compensation. Please sign up to our mailing list to stay updated on this case, otherwise you may miss an opportunity to claim compensation. Sign up to our mailing list by clicking on the link at the top of this page.

Where can I get more information on the review?

For further information on the review, please see our Guide to the AAT Review (PDF 105KB).

If you would like to read the arguments made by the parties in the review, you can view the parties’ AAT documents below:

The AAT documents have been published and redacted pursuant to orders of the AAT available here. You should not republish these documents without permission of the AAT.

Information for pro bono lawyers or advocates

Slater and Gordon have prepared a Guide to the review for pro bono lawyers or advocates (PDF 80KB) who are assisting persons affected by the data breach.

Please read: Guide for pro bono lawyers or advocates