Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: DQF v Information and Privacy Commission [2020] NSWCATAD 209 Hearing dates: On the papers Date of orders: 26 August 2020 Decision date: 26 August 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: M Gracie, Senior Member Decision: Pursuant to section 55 (2) of the Privacy and Personal Information Protection Act 1998, no action be taken in relation to the conduct of the respondent the subject of the applicant's request for an internal review made under section 53 of the Privacy and Personal Information Protection Act 1998 dated 3 December 2019.
Catchwords: ADMINISTRATIVE REVIEW - privacy - complaint by person aggrieved - use of personal information by public sector agency - internal review of conduct by public sector agency - review of conduct by the Tribunal - jurisdiction of Tribunal on review - orders available on review - no order made
Legislation Cited: Administrative Decisions Review Act 1997
Civil and Administrative Tribunal Act 2013
Government Information (Information Commissioner) Act 2009
Health Records and Information Privacy Act (2002)
Privacy and Personal Information Protection Act 1998
State Records Act 1998
Cases Cited: AIL v Department of Premier and Cabinet (NSW) [2013] NSWADTAP 26
ALZ v WorkCover NSW [2015] NSWCATAP 138
AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179
APV and APW v Department of Family and Community Services [2015] NSWCATAD 140
AW v Vice Chancellor, University of Newcastle [2008] NSWADT 86
BFP v NSW Ambulance Service [2015] NSWCATAD 39
BXK v Western Sydney University [2016] NSWCATAD 235
CEU v University of Technology Sydney [2018] NSWCATAD 13
CJU v SafeWork NSW [2018] NSWCATAD 300
CRE v Blacktown City Council [2017] NSWCATAD 285
CYH v Family and Community Services [2018] NSWCATAD 84
Department of Education and Communities v VK [2011] NSWADTAP 61
Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 Department of Education and Training v ZR (No 2) [2009] NSWADTAP 44
DSG v Department of Education [2019] NSWCATAD 182
FM v Macquarie University [2003] NSWADT 78
GR v Department of Housing [2003] NSWADT 268
JD v Department of Health (NSW) (GD) [2005] NSWADTAP 44
JD v Director General, NSW Department of Health (No 2) [2004] NSWADT 227
JD v Medical Board (NSW) [2005] NSWADT 247
KO and KP v Commissioner of Police, NSW Police Force (GD) [2005] NSWADTAP 56
KP v Narrandera Shire Council [2011] NSWADTAP 15
MH v NSW Maritime [2011] NSWADT 248
MT v Director General, NSW Department of Education and Training [2004] NSWADT 194
NW v New South Wales Fire Brigades (No 2) [2006] NSWADT 61
OD v Department of Education and Training [2005] NSWADTAP 74
OD v Department of Education and Training [2006] NSWADT 312
PN v Department of Education and Training [2010] NSWADTAP 59
RD v Department of Education and Training [2005] NSWADT 195
SW v Forests NSW [2006] NSWADT 74
Vice-Chancellor Macquarie University v FM (No 2) (GD) [2004] NSWADTAP 37
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- Case
- [2020] NSWCATAD 209
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the Tribunal had the jurisdiction to review the Commission's decision regarding the complaint. This involved interpreting the scope of the Tribunal's powers under the Privacy and Personal Information Protection Act 1998. The secondary issue was the availability of orders the Tribunal could make if it found the Commission's decision to be incorrect or flawed.
The Tribunal found that it did not have the jurisdiction to review the Commission's decision on the complaint. The Tribunal concluded that its powers were limited to reviewing the Commission's conduct in handling the complaint and not the merits of the complaint itself. Given this limitation, the Tribunal determined that it could not make any orders regarding the complaint or the conduct of the respondent. Consequently, no action was to be taken in relation to the conduct of the respondent as per the applicant's request for internal review.
Orders
Orders of the court
Pursuant to section 55 (2) of the Privacy and Personal Information Protection Act 1998, no action be taken in relation to the conduct of the respondent the subject of the applicant's request for an internal review made under section 53 of the Privacy and Personal Information Protection Act 1998 dated 3 December 2019.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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