APV and APW v Department of Family and Community Services

APV and APW brought proceedings against the Department of Family and Community Services concerning the collection and use of their personal information from the DRIVES database, alleging breaches of privacy under the Privacy and Personal Information Protection Act 1998 (NSW). The applicants sought damages for distress and inconvenience caused by the alleged breaches, as well as an apology from the Department.

The primary legal issues before the Tribunal were whether the Department's actions in accessing and using the applicants' personal information from the DRIVES database constituted a breach of sections 8 and 9 of the Privacy and Personal Information Protection Act 1998 (NSW), and if so, whether the applicants were entitled to damages. The Department argued that the access to the database was justified due to a suspicion of fraud, and that the applicants had not suffered any compensable harm as a result of the alleged breaches.

The Tribunal found that the Department had indeed breached sections 8 and 9 of the Act by collecting the applicants' personal information from the DRIVES database without a lawful basis. However, the Tribunal also held that the applicants had not demonstrated a sufficient causal link between the breaches and the alleged harm, thereby precluding them from claiming damages. The Tribunal did, however, order the Department to provide an apology to the applicants for the breaches. The matter was to be listed for further directions if the parties were unable to agree on the terms of an apology within 14 days of the decision.