GXU v Sutherland Shire Council

Link copied
Case Copied 39 min read

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: GXU v Sutherland Shire Council [2025] NSWCATAD 227
Hearing dates: 20 June 2025
30 June 2025 – final submissions
Date of orders: 09 September 2025
Decision date: 09 September 2025
Jurisdiction:Administrative and Equal Opportunity Division
Before: J Smith, Senior Member
Decision:

(1) The publication of the name of the Applicant or reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant is prohibited pursuant to s 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 (NSW).

(2)    The Tribunal sets aside the decision made by    the Respondent on 25 February 2025 and in    substitution of this decision, decides that:

(a) The Respondent breached s 18(1) of the Privacy and Personal Information Protection Act 1998 (NSW).

(b) The Respondent did not breach ss 8(1), 10, 12(c), 17 of the Privacy and Personal Information Protection Act 1998 (NSW).

(3) Within 14 days, the Respondent is to provide to the Applicant an unreserved written apology addressing and apologising for the Respondent’s breach of s 18(1) of the Privacy and Personal Information Protection Act 1998 and for all distress and harm caused to the Applicant as a result.

(4)    Within 14 days, the Respondent is to pay the    Applicant damages in the sum of $2,000.

Catchwords:

ADMINISTRATIVE LAW – administrative review - privacy – information protection principles - unauthorised disclosure of personal information- damages

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Government Information (Public Access) Act 2009

Privacy and Personal Information Protection Act 1988 (NSW)

Cases Cited:

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

BFR and BFS v Moree Plains Shire Council [2014] NSWCATAD 197

BN v Hornsby Shire Council [2012] NSWADT 165

CJU v SafeWork NSW [2018] NSWCATAD 300

Department of Education and Training v GA (No 3) [2004] NSWADTAP 50

Director General, Department of Education and Training v MT (GD) [2005] NSWADTAP 77

DMR v Lane Cove Council [2024] NSWCATAD 193

EPT v The Sydney Children’s Hospital Network [2022] NSWCATAD 137

Eric Anthony Foster v Department of Planning and Environment [2022] NSWCATAD 235

GR v Department of Housing [2003] NSWADT 268

HP v Hunter New England Area Health Services [2009] NSWADT 186

KO and KP v Commissioner of Police, NSW Police (GD) [2005] NSWADTAP 56

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

Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4

WT v Auburn Council [2007] NSWADT 253

Texts Cited:

None

Category:Principal judgment
Parties:

GXU (Applicant)

Sutherland Shire Council (Respondent)
Representation:

Applicant (Self-Represented)

Solicitors:
HWL Ebsworth (Respondent)
File Number(s): 2025/00110288
Publication restriction: The publication of the name of the Applicant or reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant is prohibited pursuant to s 64(1)(a) and (c) of…
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read GXU v Sutherland Shire 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
[2025] NSWCATAD 227
Decision Date

CaseChat Overview and Summary

In GXU v Sutherland Shire Council, the applicant, GXU, sought judicial review of a decision made by the Sutherland Shire Council, the respondent, regarding the unauthorised disclosure of their personal information. The matter was heard by the Civil and Administrative Tribunal of New South Wales. The applicant alleged that the respondent had breached privacy laws by disclosing their personal information to a third party without their consent, causing distress and harm.

The primary legal issues before the tribunal were whether the respondent had breached the privacy and personal information protection principles outlined in the Privacy and Personal Information Protection Act 1998 (NSW). Specifically, the applicant argued that the respondent had violated s 18(1) of the Act, which prohibits the unauthorised disclosure of personal information. The tribunal also had to consider whether the respondent had breached other sections of the Act, including ss 8(1), 10, 12(c), and 17.

The tribunal found that the respondent had indeed breached s 18(1) of the Privacy and Personal Information Protection Act 1998 (NSW) by disclosing the applicant's personal information without their consent. The tribunal rejected the respondent's argument that the disclosure was necessary for the performance of their statutory duties, holding that the respondent had not established a compelling public interest justification for the disclosure. The tribunal also found that the respondent had not breached ss 8(1), 10, 12(c), and 17 of the Act.

In light of the findings, the tribunal ordered the respondent to provide the applicant with an unreserved written apology and to pay the applicant damages in the sum of $2,000. The tribunal also set aside the respondent's decision and prohibited the publication of any information that identifies or is likely to lead to the identification of the applicant.

Orders

Orders of the court

(1) The publication of the name of the Applicant or reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant is prohibited pursuant to s 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 (NSW).

(2) The Tribunal sets aside the decision made by the Respondent on 25 February 2025 and in substitution of this decision, decides that:

(a) The Respondent breached s 18(1) of the Privacy and Personal Information Protection Act 1998 (NSW).

(b) The Respondent did not breach ss 8(1), 10, 12(c), 17 of the Privacy and Personal Information Protection Act 1998 (NSW).

(3) Within 14 days, the Respondent is to provide to the Applicant an unreserved written apology addressing and apologising for the Respondent’s breach of s 18(1) of the Privacy and Personal Information Protection Act 1998 and for all distress and harm caused to the Applicant as a result.

(4) Within 14 days, the Respondent is to pay the Applicant damages in the sum of $2,000.

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.