GGP v Lismore City Council

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Civil and Administrative Tribunal


New South Wales

  • Amendment notes
Medium Neutral Citation: GGP v Lismore City Council [2024] NSWCATAD 308
Hearing dates: 13 June 2024
Date of orders: 16 October 2024
Decision date: 16 October 2024
Jurisdiction:Administrative and Equal Opportunity Division
Before: R C Titterton OAM, Senior Member
Decision:

(1) The respondent’s decision of 28 March 2024 is varied as follows:

(a) in lieu of the respondent’s delegate noting that the applicant’s name from the publicly available copy of the Annual Environmental Monitoring Report 2022 and the street numbers from the 17 references to her home address would be redacted, the applicant’s name and her entire street address is redacted in their entirety;

(b) in lieu of the respondent’s delegate redacting a paragraph from the 3 August 2022 letter on p 403 of the publicly available copy of the Annual Environmental Monitoring Report, the two references to the applicant’s address are also to be redacted;

(c) in lieu of the apology suggested by the respondent’s delegate, the respondent is to provide a letter to the applicant apologising for:

(i) any distress caused to the applicant by the respondent’s conduct the subject of these reasons; and

(ii) the delay in undertaking and completing the internal review of her privacy complaint.

(d) the respondent is to obtain the applicant’s express consent before publishing her personal information on its website, save for exemptions available to the respondent under any NSW legislation.

(2) The respondent’s decision is otherwise affirmed.

(3) The application for administrative review is otherwise dismissed.

Catchwords:

ADMINISTRATIVE LAW – administrative review – Personal Information — Request for deletion of records — Privacy and Personal Information Protection Act 1998 (NSW) ss 10, 15, 16 and 17

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW), s 63

Environmental Planning and Assessment Act 1979 (NSW)

Privacy and Personal Information Protection Act 1998 (NSW), ss 4, 10, 12, 24, 25, 53, 55

Cases Cited:

ALZ v WorkCover NSW (No 2) [2014] NSWCATAD 122

AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179

Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430

BSR v Office of the Children’s Guardian [2015] NSWCATAD 264

CEU v University of Technology Sydney [2018] NSWCATAD 13

Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50

Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409

EIG v North Sydney Council [2021] NSCATAD 66

EJX v University of Newcastle [2023] NSWCATAD 53

EMF v Cessnock City Council [2021] NSWCATAD 219

FMH v Cumberland Council [2022] NSWCATAD 293

Freind v Commissioner of Police, NSW Police Force [2024] NSWCATAD 163

GR v Department of Housing [2003] NSWADT 268

Grande v Lismore City Council [2024] NSWCATAD 33

KT v Sydney Local Health [2011] NSWADT 171

Meacham v Commissioner of Police [2020] NSWCATAP 107

NX v Office of the Director of Public Prosecutions [2005] NSWADT 74

Planet Fisheries Pty Ltd v La Rosa [1968] HCA

PN v Department of Education and Training (GD) [2010] NSWADTAP 59

SF v…

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Details
Case
[2024] NSWCATAD 308
Decision Date

CaseChat Overview and Summary

GGP sought an administrative review of Lismore City Council’s handling of her privacy complaint regarding the disclosure of her personal information. GGP argued that the Council's internal review did not sufficiently address her concerns and failed to adequately redact her personal information from publicly available documents. The case was heard and determined in the relevant court.

The central legal issues included whether the Council's response to GGP’s privacy complaint was adequate under the Privacy and Personal Information Protection Act 1998 (NSW) and whether the Council properly managed the redaction of GGP’s personal information from public documents. Additionally, the court examined whether the Council's delay in addressing the complaint constituted a breach of privacy rights.

The court held that while the Council’s initial response was appropriate, the internal review did not sufficiently address GGP's concerns about the redaction of her personal information. The court found that the Council should have redacted GGP's full name and address rather than partially redacting them. The court also found that the Council should have apologised for the distress caused by their actions and the delay in the review process. Furthermore, the court ruled that the Council must obtain GGP's consent before publishing her personal information in the future, except where exempt under NSW law.

In summary, the court varied the Council's decision to ensure more comprehensive redactions of GGP's personal information, mandated an apology, and required future consent for publishing personal information. The court affirmed the Council's decision in all other respects and dismissed the application for administrative review.

Orders

Orders of the court

(1) The respondent’s decision of 28 March 2024 is varied as follows:

(a) in lieu of the respondent’s delegate noting that the applicant’s name from the publicly available copy of the Annual Environmental Monitoring Report 2022 and the street numbers from the 17 references to her home address would be redacted, the applicant’s name and her entire street address is redacted in their entirety;

(b) in lieu of the respondent’s delegate redacting a paragraph from the 3 August 2022 letter on p 403 of the publicly available copy of the Annual Environmental Monitoring Report, the two references to the applicant’s address are also to be redacted;

(c) in lieu of the apology suggested by the respondent’s delegate, the respondent is to provide a letter to the applicant apologising for:

(i) any distress caused to the applicant by the respondent’s conduct the subject of these reasons; and

(ii) the delay in undertaking and completing the internal review of her privacy complaint.

(d) the respondent is to obtain the applicant’s express consent before publishing her personal information on its website, save for exemptions available to the respondent under any NSW legislation.

(2) The respondent’s decision is otherwise affirmed.

(3) The application for administrative review is otherwise dismissed.

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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