ECR v Public Guardian

[2021] NSWCATAD 141

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

ECR v Public Guardian [2021] NSWCATAD 141

Hearing dates:

On the papers

Date of orders:

28 May 2021

Decision date:

28 May 2021

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

C Mulvey, Senior Member

Decision:

The un-redacted and un-highlighted documents contained in the Confidential Bundle filed by the
respondent on 27 October 2020, with the exception of document 16, are not to be lodged with the
Tribunal pursuant to s59(2)(b) of the Administrative Decisions Review Act 1997.

Catchwords:

PRIVACY – confidential documents - s. 59(2) of the Administrative Decisions Review Act 1997 (NSW)

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW)

Administrative Decisions Tribunal Act 1997 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Court Suppression and Non-Publication Orders Act 2010

Government Information (Public Access) Act 2009

Guardianship Act 1997 (NSW)

Privacy and Personal Information Protection Act 1998

Cases Cited:

Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88

DRJ v Commissioner of Victims Rights [2020] NSWCA 136

Bellamy v Bellamy [2018] NSWSC 534

Misrachi v Public Guardian [2019] NSWCA 67, at [13]

Miss BCG (2015) NSWCATGD 61

SF v Shoalhaven City Council (2013) NSWADT 94

SL v University of Sydney [2011] NSWADT 65

State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69

Tilly v Children’s Guardian [2017] NSWCA 174

Category:

Procedural rulings

Parties:

ECR (Applicant)
NSW Trustee and Guardian (Respondent)

Representation:

Solicitors:
Applicant (Self-Represented)
Crown Solicitor (Respondent)

File Number(s):

2020/00239762

Publication restriction:

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

1. On 14 August 2020, the Applicant filed an application seeking a review of conduct of the Respondent. The Applicant 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”).

2. When such an application is made, the Administrator (in this case the NSW Trustee and Guardian) (“the NSW TG”) must lodge material documents with the Tribunal; Administrative Decisions Act 1997 (NSW), s58(1). The documents, generically referred to as s58 documents, include any statement of reasons for the decision and “a copy of every document or part of a document that is in the possession, or under control, of the administrator that the administrator considers to be relevant to the determination of the application by the Tribunal”; s58(1)(b).

3. The Respondent filed and served a bundle of documents as required by s58 of the ADR Act, but objected to lodging certain documents because they contained records of communication by email and telephone between the Respondent and various service providers and family members that express an opinion about the Applicant…