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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. Advocates and pro bono lawyers are also invited to sign up to the mailing list.

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The privacy complaint

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).

A representative complaint was made on behalf of the people affected to the Office of the Australian Information Commissioner (OAIC). Slater and Gordon acts for the representative in this complaint and has advocated for the interests of all individuals affected by the data breach as part of this process.

The Australian Information Commissioner and Privacy Commissioner (the Commissioner) published a determination (or a decision) regarding the representative complaint. However, the Commissioner’s decision will not be implemented because it is now being reviewed by the Administrative Appeals Tribunal (AAT).

The AAT will hold a hearing about this matter in December 2021. We expect the AAT to make a decision about who should receive compensation and how the compensation will be assessed in early 2022. For further information on the review, please see our Guide to the AAT Review (PDF 105KB).

What do I need to do?

Please sign up to our mailing list to receive updates as the review progresses. The AAT review will continue for the rest of 2021.

You may need to take active steps in 2022 in order to claim compensation. 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.

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