EJE v Service NSW and Commissioner for Fair Trading

The parties in this case are EJE, the Applicant, and Service NSW and the Commissioner for Fair Trading, the Respondents. The dispute revolves around an application made by the Applicant to the Civil and Administrative Tribunal (CAT) under the Privacy and Personal Information Protection Act 1998 (NSW). The application was subsequently challenged by the Respondents, who sought its dismissal under section 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (CAT Act). The matter was heard by the CAT, which was required to determine whether the application was properly before it.

The primary legal issue that the Tribunal had to resolve was whether the Applicant's submission to the CAT constituted a request for internal review. This determination was crucial as it would dictate the Tribunal's jurisdiction to hear the application. The Respondents argued that the submission did not meet the criteria for an internal review request, and thus, the CAT lacked jurisdiction. Conversely, the Applicant contended that the submission was valid and should be entertained by the Tribunal.

In addressing the issue, the Tribunal carefully examined the nature of the Applicant's submission and compared it against the requirements set forth in the Privacy and Personal Information Protection Act 1998 (NSW). The Tribunal concluded that the submission did not satisfy the conditions necessary for it to be considered an internal review request. Consequently, the Tribunal found that it did not have jurisdiction to hear the matter. As a result, the interlocutory application for dismissal was granted, and the Applicant's submission was dismissed.

The final orders of the Tribunal were that the Applicant's application dated 6 July 2020 was dismissed under section 55(1)(b) of the Civil and Administrative Tribunal Act 2013. This decision underscored the importance of adhering to the procedural requirements when submitting an application to the CAT.