EIG v North Sydney Council - [2021] NSWCATAD 313

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: EIG v North Sydney Council [2021] NSWCATAD 313
Hearing dates: 15 July 2021
Date of orders: 27 October 2021
Decision date: 27 October 2021
Jurisdiction: Administrative and Equal Opportunity Division
Before: A Christie, Senior Member
Decision:
(1) Time is extended under s 41 Civil and Administrative Tribunal Act for the Applicant to lodge the application for external review by this Tribunal to 22 March 2021.
(2) Pursuant to s 64 Civil and Administrative Tribunal Act the publication or broadcast of the name of the Applicant in these proceedings or reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person is prohibited.
(3) Pursuant to s 55(2)(b) Privacy and Personal Information Protection Act, in relation to all future applications of the Applicant under ss 53 and 55 Privacy and Personal Information Protection Act the Respondent is to refrain from:
(i) any use of the Applicant’s personal information relating to such applications in contravention of s 17 Privacy and Personal Information Protection Act/IPP 10; and
(ii) any disclosure of the Applicant’s personal information relating to such applications in contravention of s 18 Privacy and Personal Information Protection Act/ IPP 11.
(4) Within 14 days of the date of these Reasons for Decision the Respondent is to provide an unreserved formal written apology to the Applicant addressing and apologising for the Respondent’s breaches of IPPs 10 and 11 in respect of the personal information of the Applicant as identified in these Reasons for Decision and for all distress and embarrassment caused to the Applicant by such.
(5) Within 14 days of the date of these Reasons for Decision the Respondent must publish an anonymous notice not identifying the Applicant (in accordance with the publication restriction) in the ‘Latest News’ section of the Respondent’s website, under the heading “Council found to have committed privacy breaches” and noting Orders (3) and (6) of the Tribunal in relation to the Respondent’s breaches of IPPs 10 and 11 and such notice must stay up for 2 months from publication.
(6) Within 30 days of the date of these Reasons for Decision the Respondent must (a) anonymise the Applicant’s name in all publicly available digital publications (including on the Respondent’s website) in relation to any reference to the Decision proceedings or the Decision; and (b) make reasonable efforts to recover and destroy or anonymise the Applicant’s name in all printed and hardcopy materials in relation to any reference to the Decision proceedings or the Decision.

Catchwords:
ADMINISTRATIVE REVIEW - personal information – use and disclosure of personal information relating to prior NCAT proceedings in contravention of ss 17(IPP 10) and 18(IPP 11) of the Privacy and Personal Information Act 1998 – the purpose for collection of personal information relating to an earlier privacy review before the Tribunal

Legislation Cited:
Administrative Decisions Review Act 1997 (NSW)
Civil Administrative Tribunal Act 2013 (NSW)
Local Government Act 1993…

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 EIG v North Sydney Council 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 313
Decision Date: 27 October 2021

CaseChat Overview and Summary

The case of EIG v North Sydney Council involved the applicant, EIG, challenging the council's handling of personal information in relation to prior proceedings before the New South Wales Civil and Administrative Tribunal (NCAT). The dispute centred around allegations that the council had misused and disclosed personal information in violation of the Privacy and Personal Information Protection Act 1998. Specifically, the council was accused of using and disclosing personal information from a previous privacy review without adhering to the statutory requirements outlined in sections 17(IPP 10) and 18(IPP 11).

The primary legal issues the court had to address were whether the council had indeed misused and disclosed personal information in contravention of the specified sections of the Act, and whether such actions warranted administrative review. The court needed to determine the correct interpretation and application of the statutory provisions regarding the use and disclosure of personal information, particularly in the context of internal reviews and prior NCAT proceedings. Additionally, the court examined the purpose for which the personal information was collected and whether this purpose was consistent with the statutory requirements.

In delivering the judgment, the court found that the council had indeed misused and disclosed personal information in breach of the statutory provisions. The court held that the council's actions were not justified under the circumstances and that the purpose for collecting the personal information did not align with the requirements of the Act. Consequently, the court determined that the council's conduct warranted administrative review. The court's reasoning was grounded in the statutory language and the specific context of the case, focusing on the obligations and permissible actions under the Privacy and Personal Information Protection Act 1998.

The orders made by the court included a declaration that the council's actions constituted misuse and disclosure of personal information in contravention of the Act, and that the council's conduct warranted administrative review. The court did not, however, order any specific remedial action, leaving the matter open for further proceedings or internal review within the council.

Orders

Orders of the court

). The Decision, however, related to a different internal review request relating to different conduct of concern to those in these proceedings.

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:	EIG v North Sydney Council [2021] NSWCATAD 313
Hearing dates:	15 July 2021
Date of orders:	27 October 2021
Decision date:	27 October 2021
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	A Christie, Senior Member
Decision:	(1) Time is extended under s 41 Civil and Administrative Tribunal Act for the Applicant to lodge the application for external review by this Tribunal to 22 March 2021. (2) Pursuant to s 64 Civil and Administrative Tribunal Act the publication or broadcast of the name of the Applicant in these proceedings or reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person is prohibited. (3) Pursuant to s 55(2)(b) Privacy and Personal Information Protection Act, in relation to all future applications of the Applicant under ss 53 and 55 Privacy and Personal Information Protection Act the Respondent is to refrain from: (i) any use of the Applicant’s personal information relating to such applications in contravention of s 17 Privacy and Personal Information Protection Act/IPP 10; and (ii) any disclosure of the Applicant’s personal information relating to such applications in contravention of s 18 Privacy and Personal Information Protection Act/ IPP 11. (4) Within 14 days of the date of these Reasons for Decision the Respondent is to provide an unreserved formal written apology to the Applicant addressing and apologising for the Respondent’s breaches of IPPs 10 and 11 in respect of the personal information of the Applicant as identified in these Reasons for Decision and for all distress and embarrassment caused to the Applicant by such. (5) Within 14 days of the date of these Reasons for Decision the Respondent must publish an anonymous notice not identifying the Applicant (in accordance with the publication restriction) in the ‘Latest News’ section of the Respondent’s website, under the heading “Council found to have committed privacy breaches” and noting Orders (3) and (6) of the Tribunal in relation to the Respondent’s breaches of IPPs 10 and 11 and such notice must stay up for 2 months from publication. (6) Within 30 days of the date of these Reasons for Decision the Respondent must (a) anonymise the Applicant’s name in all publicly available digital publications (including on the Respondent’s website) in relation to any reference to the Decision proceedings or the Decision; and (b) make reasonable efforts to recover and destroy or anonymise the Applicant’s name in all printed and hardcopy materials in relation to any reference to the Decision proceedings or the Decision.
Catchwords:	ADMINISTRATIVE REVIEW - personal information – use and disclosure of personal information relating to prior NCAT proceedings in contravention of ss 17(IPP 10) and 18(IPP 11) of the Privacy and Personal Information Act 1998 – the purpose for collection of personal information relating to an earlier privacy review before the Tribunal
Legislation Cited:	Administrative Decisions Review Act 1997 (NSW) Civil Administrative Tribunal Act 2013 (NSW) Local Government Act 1993…