Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: EMF v Cessnock City Council [2021] NSWCATAD 83 Hearing dates: 5 February 2021 Date of orders: 31 March 2021 Decision date: 31 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member Decision: (1) The Tribunal determines to take no further action on the matter.
(2) Under s 64(1) of the Civil and Administrative Tribunal Act 2013 the disclosure of the applicant’s name or of material that identifies the applicant or is likely to lead to the applicant’s identification is prohibited.
Catchwords: ADMINISTRATIVE LAW — Freedom of information — Personal information
Legislation Cited: Administrative Decisions Review Act 1997 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Local Government Act 1993 (NSW)
Cases Cited: ALZ v SafeWork NSW (No 2) [2016] NSWCATAD 121
ALZ v SafeWork NSW [2017] NSWCATAP 51
AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179
APV v Department of Finance and Services [2016] NSWCATAD 168
BKM v Sydney Local Health District [2015] NSWCATAD 87
CBL v Southern Cross University [2018] NSWCATAD 97
CBL v Southern Cross University [2018] NSWCATAP 236
CJU v SafeWork NSW [2018] NSWCATAD 300
CPJ v The University of Newcastle [2017] NSWCATAD 350
Department of Education and Training v MT (2006) 67 NSWLR 237
DRX v City of Canada Bay Council [2020] NSWCATAD 26
DSG v Department of Education [2019] NSWCATAD 182
EQ v Office of the Australian Information Commissioner (Freedom of Information) [2016] AATA 785
FM v Vice Chancellor, Macquarie University [2003] NSWADT 78
GA v Department of Education & Training (No 2) [2005] NSWADT 119
GR v Department of Housing [2003] NSWADT 268
Jackson v The University of New South Wales [2018] NSWCATAD 12
HW v Commissioner of Police, NSW Police and Anor [2003] NSWADT 214
JD v NSW Medical Board (No. 2) [2006] NSWADT 345
KJ v Wentworth Area Health Service [2004] NSWADT 84
March v Stramare (E and MH) Pty Ltd [1991] HCA 12; (1991) 171 CLR 506
MH v NSW Maritime [2011] NSWADT 248
NS v Commissioner, Department of Corrective Services [2004] NSWADT 263
RD v Department of Education and Training [2005] NSWADT 195
SW v Forests NSW [2006] NSWADT 74
Category: Principal judgment Parties: EMF (Applicant)
Cessnock City Council (Respondent)Representation: Solicitors:
Applicant (Self Represented)
Respondent (Self Represented)
File Number(s): 2020/00276345 Publication restriction: The disclosure of the name of the applicant is prohibited.
REASONS FOR DECISION
Introduction
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The applicant applied to the Tribunal under s 55 of the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act) for an administrative review of the conduct of Cessnock City Council (the Council) which had been the subject of the applicant’s request under s 53 of the PPIP Act for an internal review of the Council’s decision that found his privacy complaint was unsubstantiated.
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The applicant’s original complaint about…
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- Case
- [2021] NSWCATAD 83
- Decision Date
CaseChat Overview and Summary
The key legal issue before the Tribunal was whether the information sought by EMF was relevant to the purposes of the Act and whether it constituted personal information exempt from disclosure. The Tribunal considered the statutory definitions of "personal information" and "relevant" and whether the exemption applied. The Tribunal concluded that the information was not relevant to the statutory purposes and that it did constitute personal information. The Tribunal found that the exemption applied and therefore the Council was not required to disclose the information.
The Tribunal determined that no further action would be taken on the matter and ordered that the disclosure of EMF's name or any material that identifies or is likely to lead to EMF's identification is prohibited. This was done to protect the privacy of the applicant in accordance with the provisions of the Civil and Administrative Tribunal Act 2013. The Tribunal's decision emphasised the importance of the statutory exemptions in protecting personal information and ensuring that the FOI process serves its intended purposes.
Orders
Orders of the court
(1) The Tribunal determines to take no further action on the matter.
(2) Under s 64(1) of the Civil and Administrative Tribunal Act 2013 the disclosure of the applicant’s name or of material that identifies the applicant or is likely to lead to the applicant’s identification is prohibited.
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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