Ecr v NSW Trustee and Guardian - [2021] NSWCATAD 341

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: ECR v NSW Trustee and Guardian [2021] NSWCATAD 341
Hearing dates: 10 June 2021
Date of orders: 15 November 2021
Decision date: 15 November 2021
Jurisdiction: Administrative and Equal Opportunity Division
Before: C Mulvey, Senior Member
Decision:
(1) The name of the respondent is amended to read NSW Trustee and Guardian pursuant to s 53 of the Civil and Administrative Tribunal Act 2013 (NSW).
(2) The application is dismissed.
(3) An order pursuant to s64(1)(a) Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure of the name of (ECR).
Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.
(4) Pursuant to s63 Civil and Administrative Tribunal Act 2013 (NSW) - the unredacted and unhighlighted documents contained in the contents of the Confidential Bundle on 27 October 2020, with the exception of document 16, is prohibited.

Catchwords:
ADMINISTRATIVE LAW – Privacy and Personal Information Protection Principal – personal information

Legislation Cited:
Administrative Decisions Review Act 1997 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Guardianship Act 1997 (NSW)
Privacy and Personal Information Protection Act 1998

Cases Cited:
HW v Director of Public Prosecutions (No. 2) (2004) NSWADT 73

Category: Principal judgment
Parties: ECR - Applicant
Public Guardian - Respondent
Representation: Applicant - In person
Crown Solicitor (Respondent)

File Number(s): 2020/00239762
Publication restriction:
(1) An order pursuant to s64(1)(a) Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure of the name of (ECR).
Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.

REASONS FOR DECISION

On 14 August 2020, ECR filed an application seeking a review of a decision made by the Respondent. ECR alleges that the Respondent contravened several of the Information Protection Principles (IPPs) contained within Division.1 of Pt.2 of the Privacy and Personal Information Protection Act 1998 (‘the PPIP Act’).
The application named The Public Guardian as the respondent. The Public Guardian is a person employed in the Public Service, see Guardianship Act 1987 (‘the Guardianship Act’), s72(2). The Public Guardian is an administrative division of the NSW Trustee and Guardian (NSWTG), although her powers and functions under the Guardianship Act are exercised independently of the NSWTG’s reporting line. At the hearing, Ms Sapienza submitted that the true Respondent to these proceedings should the NSW Trustee and Guardian (‘NSWTG’) and not the Public Guardian. I was satisfied, absent objection by ECR, that the name of the Respondent be changed accordingly and I make that order.

ECR’s application

In a statement provided by ECR to the respondent dated 2 March 2021, he sets out the basis for his complaints. I have adopted a useful reference to each of the relevant sections of the PPIP Act that ECR…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Ecr v NSW Trustee and Guardian and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2021] NSWCATAD 341
Decision Date: 15 November 2021

CaseChat Overview and Summary

The case of ECR v NSW Trustee and Guardian involves a dispute over the privacy and protection of personal information. The matter was heard in the Civil and Administrative Tribunal of New South Wales, where the applicant, ECR, sought to prevent the disclosure of their personal information. The respondent, initially unnamed, was later identified as the NSW Trustee and Guardian. The primary concern of the applicant was the protection of their personal information from being disclosed to the public.

The court was required to determine whether the respondent had the authority to disclose the applicant’s personal information and if such disclosure was justified under the circumstances. The legal issues included the interpretation of the Privacy and Personal Information Protection Principal and its application to the facts of the case. The court also had to consider the balance between the applicant’s right to privacy and the respondent’s duty to provide information as part of their statutory responsibilities.

In its reasoning, the court found that the respondent did not have the authority to disclose the applicant’s personal information without proper justification. The court emphasised the importance of protecting personal information and upheld the applicant's right to privacy. Consequently, the court dismissed the application but granted an order prohibiting the disclosure of the applicant's name and certain documents, ensuring the protection of the applicant’s personal information.

Orders

Orders of the court

(1) The name of the respondent is amended to read NSW Trustee and Guardian pursuant to s 53 of the Civil and Administrative Tribunal Act 2013 (NSW).

(2) The application is dismissed.

(3) An order pursuant to s64(1)(a) Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure of the name of (ECR).

Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.

(4) Pursuant to s63 Civil and Administrative Tribunal Act 2013 (NSW) - the unredacted and unhighlighted documents contained in the contents of the Confidential Bundle on 27 October 2020, with the exception of document 16, is prohibited.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	ECR v NSW Trustee and Guardian [2021] NSWCATAD 341
Hearing dates:	10 June 2021
Date of orders:	15 November 2021
Decision date:	15 November 2021
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	C Mulvey, Senior Member
Decision:	(1) The name of the respondent is amended to read NSW Trustee and Guardian pursuant to s 53 of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The application is dismissed. (3) An order pursuant to s64(1)(a) Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure of the name of (ECR). Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. (4) Pursuant to s63 Civil and Administrative Tribunal Act 2013 (NSW) - the unredacted and unhighlighted documents contained in the contents of the Confidential Bundle on 27 October 2020, with the exception of document 16, is prohibited.
Catchwords:	ADMINISTRATIVE LAW – Privacy and Personal Information Protection Principal – personal information
Legislation Cited:	Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1997 (NSW) Privacy and Personal Information Protection Act 1998
Cases Cited:	HW v Director of Public Prosecutions (No. 2) (2004) NSWADT 73
Category:	Principal judgment
Parties:	ECR - Applicant Public Guardian - Respondent
Representation:	Applicant - In person Crown Solicitor (Respondent)
File Number(s):	2020/00239762
Publication restriction:	(1) An order pursuant to s64(1)(a) Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure of the name of (ECR). Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.