EMQ v Cumberland Council

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

EMQ v Cumberland Council [2022] NSWCATAD 51

Hearing dates:

On the papers after 27 January 2022

Date of orders:

16 February 2022

Decision date:

16 February 2022

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

P French, Senior Member

Decision:

The agency’s General Application dated 29 October 2021 is to be set down for hearing.

Catchwords:

PROCEDURE – summons to produce documents – objections to production of particular documents

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

Government Information (Public Access) Act 2009

Privacy and Personal Information Protection Act 1998

Cases Cited:

Decision Restricted [2021] NSWCATAP 288

EMQ v Cumberland City Council [2021] NSWCATAD 162

Texts Cited:

Nil

Category:

Procedural rulings

Parties:

EMQ, applicant
Cumberland Council, respondent

Representation:

EMQ, self-represented
Colin McFadzean, General Counsel, for respondent

File Number(s):

2020/00355032

Publication restriction:

The publication or broadcast of the name of the applicant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013. The applicant is to be known by the pseudonym “EMQ”.

REASONS FOR DECISION

1. The substantive application before the Tribunal is an application by EMQ (the applicant) under section 55 of the Administrative Decisions Review Act 1997 for an administrative review under section 55(1) of the Privacy and Personal Information Protection Act 1998 (PPIP Act) of alleged conduct by Cumberland Council (the agency) that was in contravention of information protection principles contained in Part 2, Division 1 of the PPIP Act following an internal review of that conduct by the agency. This application was made to the Tribunal on 9 December 2020.

2. The matter currently before the Tribunal concerns a Summons to produce documents the Tribunal issued on the agency on the application of the applicant on 25 March 2021. The Summons was subject to a number of objections by the agency, which were determined by the Tribunal, differently constituted, on 8 June 2021 following hearings conducted on 19 April 2021 and 3 May 2021. Some paragraphs of the schedule to the Summons were struck out: EMQ v Cumberland City Council [2021] NSWCATAD 162.

3. That first instance decision was the subject of an appeal to the Appeal Panel of the Tribunal: Decision Restricted [2021] NSWCATAP 288. The Appeal Panel allowed the appeal in a decision handed down on 15 October 2021, making the following orders:

1. The appeal be upheld so that the respondent comply with paragraphs 4, 4b, 5a, 6a, 6b, 6c and 6d of the Summons issued by the appellant addressed to the Respondent.

2. The documents referred to within the paragraphs set out in Order (1) be produced to the Registry within 14 days of the date of these orders, unless any application is made by the respondent within that period that such documents, or some of them, may be exempt from production.

   4. On 29 October 2021 the agency made a General Application which applies for orders that it is exempt from producing…