Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: EEC v Federation Council [2022] NSWCATAD 80 Hearing dates: 18 February 2022 Date of orders: 9 March 2022 Decision date: 09 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member Decision: (1) Pursuant to s 63 of the Administrative Decisions Review Act 1997 (NSW), the Tribunal has decided to set aside the decision of the respondent dated 15 October 2021 and in substitution makes the following orders.
(2) Pursuant to s 55(2)(a) of the Privacy and Personal Information Protection Act 1998 (NSW), within 14 days of the date of these Reasons for Decision, the respondent is to pay the applicant $1,000.00.
(3) Pursuant to s 55(2)(g) of the Privacy and Personal Information Protection Act 1998 (NSW), within 30 days of the date of these Reasons for Decision, the respondent is to provide an unreserved apology to the applicant for its breach of Information Protection Principle 3 (IPP 3) as identified in these Reasons for Decision and provide him with a notification under IPP 3 with respect to each of his complaints the subject of these proceedings.
(4) Pursuant to s 55(2)(g) of the Privacy and Personal Information Protection Act 1998 (NSW), within 30 days of the date of these Reasons for Decision, the respondent is to provide an unreserved apology to the applicant for the Council’s delay in conducting an internal review of his complaints and advise him of the administrative measures it has introduced to ensure compliance with the timeframes for undertaking internal reviews under s 53 of the Privacy and Personal Information Protection Act 1998 (NSW).
(5) Pursuant to s 55(2)(g) of the Privacy and Personal Information Protection Act 1998 (NSW), within 180 days of the date of these Reasons for Decision, the respondent is to conduct training for all Council staff on their obligations under the 12 Information Protection Principles in the Privacy and Personal Information Protection Act 1998 (NSW).
Catchwords: ADMINISTRATIVE LAW — Freedom of information — Personal information — Whether any Information Privacy Principles were breached in managing the applicant’s complaints
Legislation Cited: Administrative Decisions Review Act 1997 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Local Government Act 1993 (NSW)
Cases Cited: AEC v Cmr of Police (NSW) [2013] NSWADTAP 30
Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244
AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179
APV v Department of Finance and Services [2016] NSWCATAD 168
BVV v Commissioner of Police [2020] NSWCATAD 182
CCM v Western Sydney University [2019] NSWCATAP 103
CEU v University of Technology Sydney [2018] NSWCATAD 13
CJU v SafeWork NSW [2018] NSWCATAD 300
CPJ v The University of Newcastle [2017] NSWCATAD 350
CYH v Family and Community Services [2018] NSWCATAD 84
Department of Education and Training v GA (No. 3) [2004] NSWADTAP 50
Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409
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- AGLC
- EEC v Federation Council [2022] NSWCATAD 80
- Case
- [2022] NSWCATAD 80
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the Council breached the Information Privacy Principles, particularly Information Protection Principle 3, by failing to protect the applicant's personal information. Additionally, the court had to assess if the Council's delay in reviewing the applicant's complaints constituted a breach of the statutory timeframes. The court also needed to decide if the Council's handling of the complaints warranted an unreserved apology and what remedies were appropriate.
The court found that the Council breached Information Protection Principle 3 by failing to protect the applicant's personal information. It also found that the Council delayed in conducting the internal review of the applicant's complaints, which was not reasonable. The court held that the Council owed the applicant an unreserved apology and ordered the Council to provide compensation. The court further ordered the Council to implement administrative measures to ensure compliance with internal review timeframes and to conduct training for all staff on the Information Privacy Principles.
The court set aside the decision of the Council and ordered it to pay the applicant $1,000.00. The Council was also required to provide an unreserved apology to the applicant and notify them of each complaint under Information Protection Principle 3. Additionally, the Council had to advise the applicant of the measures introduced to comply with internal review timeframes and conduct training for all staff on the Information Privacy Principles.
Orders
Orders of the court
(1) Pursuant to s 63 of the Administrative Decisions Review Act 1997 (NSW), the Tribunal has decided to set aside the decision of the respondent dated 15 October 2021 and in substitution makes the following orders.
(2) Pursuant to s 55(2)(a) of the Privacy and Personal Information Protection Act 1998 (NSW), within 14 days of the date of these Reasons for Decision, the respondent is to pay the applicant $1,000.00.
(3) Pursuant to s 55(2)(g) of the Privacy and Personal Information Protection Act 1998 (NSW), within 30 days of the date of these Reasons for Decision, the respondent is to provide an unreserved apology to the applicant for its breach of Information Protection Principle 3 (IPP 3) as identified in these Reasons for Decision and provide him with a notification under IPP 3 with respect to each of his complaints the subject of these proceedings.
(4) Pursuant to s 55(2)(g) of the Privacy and Personal Information Protection Act 1998 (NSW), within 30 days of the date of these Reasons for Decision, the respondent is to provide an unreserved apology to the applicant for the Council’s delay in conducting an internal review of his complaints and advise him of the administrative measures it has introduced to ensure compliance with the timeframes for undertaking internal reviews under s 53 of the Privacy and Personal Information Protection Act 1998 (NSW).
(5) Pursuant to s 55(2)(g) of the Privacy and Personal Information Protection Act 1998 (NSW), within 180 days of the date of these Reasons for Decision, the respondent is to conduct training for all Council staff on their obligations under the 12 Information Protection Principles in the Privacy and Personal Information Protection Act 1998 (NSW).
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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