Eok v Northern Beaches Council

Link copied
Case Copied 71 min read

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: EOK v Northern Beaches Council [2021] NSWCATAD 297
Hearing dates: 1 July 2021; submissions closed 21 July 2021
Date of orders: 15 October 2021
Decision date: 15 October 2021
Jurisdiction:Administrative and Equal Opportunity Division
Before: L Pearson, Principal Member
Decision:

(1) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 no action will be taken in this matter.

(2) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 disclosure to the applicant of the material redacted from paragraphs 6, 7, 21, 23, 24, 28 and 30 and footnote 2 of the Written Closing Submissions of the Respondent filed on 6 July 2021 is prohibited.

(3) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 publication of the Affidavit affirmed by EOK’s Mother 13 July 2021, para 3 Respondent’s Reply submissions filed 21 July 2021, and the document annexed as TR-1 to submissions filed by the applicant on 4 May 2021, is prohibited.

Catchwords:

ADMINISTRATIVE LAW – privacy – alleged delay in providing access to information – disclosure of personal information – whether contravention of information protection principles – whether non-compliance otherwise permitted – whether action should be taken

Legislation Cited:

Children (Education and Care Services) National Law (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Education and Care Services National Regulations 2011

Government Information (Public Access) Act 2009 (NSW)

Privacy and Personal Information Protection Act 1998 (NSW)

Cases Cited:

AFC v Sydney Children’s Hospital Specialty Network (Randwick and Westmead) [2012] NSWADT 189

AFU v Sydney Local Health District [2012] NSWADT 197

AJD v Royal Prince Alfred Hospital [2014] NSWCATAD 125

APV v Department of Finance and Services [2016] NSWCATAD 168

Bettington v Commissioner of Police [2021] NSWCATAP 110

Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520

CCM v Western Sydney University (No 4) [2018] NSWCATAD 283

CCM v Western Sydney University [2019] NSWCATAP 103

CJU v Northern Sydney Local Health District [2019] NSWCATAD 236

CLT v Department of Education and Communities (No 2) [2016] NSWCATAD 124

CPJ v University of Newcastle [2017] NSWCATAD 350

DQN v University of Sydney [2019] NSWCATAD 266

DRX v City of Canada Bay Council [2020] NSWCATAD 26

ECR v Public Guardian [2021] NSWCATAD 141

FM v Vice Chancellor, Macquarie University [2003] NSWADT 78

JS v Snowy River Shire Council (No 2) [2009] NSWADT 210

KT v Sydney South West Area Health Services [2010] NSWADT 94

MT v Director General NSW Department of Education & Training [2004] NSWADT 194

Nasr v State of New South Wales [2007] NSWCA 101

Plaintiff A and B v Bird; Plaintiff C v Bird; Plaintiff D v Bird [2020] NSWSC 1379

State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69

Category:Principal judgment
Parties: EOK (Applicant)
Northern Beaches Council (Respondent)
Representation:

Counsel:
R Withana (Respondent)

Solicitors:
Applicant (Self represented)
Colin Biggers & Paisley Lawyers (Respondent)
File Number(s): 2021/00015987
Publication restriction:

1. Pursuant to…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Eok v Northern Beaches 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 297
Decision Date

CaseChat Overview and Summary

The applicant, Eok, sought review of a decision by the Northern Beaches Council, which was alleged to involve a delay in providing access to information and the disclosure of personal information, potentially contravening information protection principles. The matter was brought before the Civil and Administrative Tribunal (CAT) of New South Wales. The primary legal issues before the tribunal were whether the council had delayed in providing access to information, whether it had disclosed personal information inappropriately, and if these actions contravened the principles set forth in the Privacy and Personal Information Protection Act 1998. Additionally, the tribunal had to determine whether any non-compliance with these provisions was otherwise permitted and whether any action should be taken in response to the alleged breaches.

The tribunal began by examining the timeliness of the council’s response to the applicant’s request for information. It found that while there was a slight delay in processing the request, it did not amount to a significant breach of the statutory timeframes. Regarding the disclosure of personal information, the tribunal noted that the council had adhered to the necessary protocols and had not disclosed any information beyond what was permissible under the Act. The tribunal also considered whether the alleged non-compliance with the information protection principles warranted any action. Given that the breaches were not substantial and that the council had taken steps to rectify the issues, the tribunal concluded that no action was necessary under section 55(2) of the Privacy and Personal Information Protection Act 1998.

In addition to addressing the substantive issues, the tribunal also dealt with ancillary matters concerning the disclosure of certain materials and documents. It ruled that specific materials redacted from the respondent’s submissions and certain documents should not be disclosed to the applicant, nor published, to protect personal information and maintain the integrity of the proceedings. The tribunal emphasised the importance of balancing the right to access information with the need to protect personal privacy and confidentiality. The final orders of the tribunal reflect these considerations, prohibiting the disclosure and publication of certain materials and affirming that no action would be taken regarding the council’s handling of the information request.

Orders

Orders of the court

(1) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 no action will be taken in this matter.

(2) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 disclosure to the applicant of the material redacted from paragraphs 6, 7, 21, 23, 24, 28 and 30 and footnote 2 of the Written Closing Submissions of the Respondent filed on 6 July 2021 is prohibited.

(3) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 publication of the Affidavit affirmed by EOK’s Mother 13 July 2021, para 3 Respondent’s Reply submissions filed 21 July 2021, and the document annexed as TR-1 to submissions filed by the applicant on 4 May 2021, is prohibited.

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.