CRE v Blacktown City Council

The case of CRE v Blacktown City Council involved a dispute over the disclosure of contact information to a principal certifying authority under the Privacy and Personal Information Protection Act 1998 (NSW). The Central Review Entity (CRE) sought an internal review of the Council's decision to disclose the contact information. The Central Review Tribunal was tasked with determining whether the internal review could be conducted by a consultant retained for that purpose, and whether it was practicable for the review to be conducted by an employee or officer of the Council, given allegations of bias and partiality on the part of certain Council employees.

The central legal issues before the Tribunal were whether the internal review could be conducted by a consultant retained for that purpose, and if it was practicable for the review to be conducted by an employee or officer of the Council given the allegations of bias and partiality. The Tribunal had to consider the statutory provisions of the Privacy and Personal Information Protection Act and the principles of natural justice, particularly the rule against bias.

The Tribunal found that the internal review could be conducted by a consultant retained for that purpose, as there was no statutory prohibition against such a review being conducted in this manner. However, the Tribunal also found that it was not practicable for the review to be conducted by an employee or officer of the Council, given the allegations of bias and partiality. The Tribunal held that the allegations of bias and partiality were sufficiently serious to undermine the perceived impartiality of the review process, and that it was therefore not practicable for the review to be conducted by an employee or officer of the Council. The Tribunal concluded that the review should be conducted by an independent person, such as a consultant, to ensure the integrity of the review process.

The Tribunal decided, pursuant to s55(2) of the Privacy and Personal Information Protection Act 1998 (NSW), to take no action in this matter.