KP v Narrandera Shire Council

[2010] NSWADT 207

CITATION:

KP v Narrandera Shire Council [2010] NSWADT 207

DIVISION:

General Division

PARTIES:

APPLICANT
KP

RESPONDENT
Narrandera Shire Council

FILE NUMBER:

093011

HEARING DATES:

23 March 2010

SUBMISSIONS CLOSED:

27 April 2010

 
DATE OF DECISION: 

19 August 2010

BEFORE:

Wilson R - Judicial Member

CATCHWORDS:

Access to personal information held by an agency.Costs sought by respondent.

REPRESENTATION:

APPLICANT
In person

RESPONDENT
M Robinson, barrister

PRIVACY COMMISSIONER
J McAteer

ORDERS:

1. The proceedings are listed for further directions on 21 October 2010 at 11:30 am
2. The parties have leave to approach the Registry to vary this date should the pending appeal be not determined by then.

REASONS FOR DECISION

1 The applicant commenced these proceedings pursuant to the Privacy and Personal Information Protection Act 1998 following an unsuccessful internal review application. The applicant has also commenced other proceedings in this Tribunal, under the same legislation, against the same respondent, being matter number 083362.

2 Prior to substantive hearing, the respondent brought summary dismissal applications, on several grounds, in relation to each of these proceedings, such applications being heard on 18.09.09. At hearing the parties requested determination of the summary dismissal applications on the papers filed, the applicant’s documents being marked as exhibits A1 to A4, and the respondent’s as exhibits R1 to R9. The parties agreed that these exhibits could be admitted in each proceeding, on the understanding that only materials relevant to each matter would be considered. Whilst a decision on the papers is often a convenient course it has the difficulty that the Tribunal is unable to discuss matters of concern, or interest, with the parties that may arise on perusal of the papers.

3 In the summary dismissal proceedings in the proceedings now under consideration, the Tribunal accepted the respondent’s argument that the Tribunal should exercise its power to take no action in the matter (s.55(2)). However, no formal orders were made as the respondent had reserved its position in relation to costs. This costs application came on for hearing on 23.03.10. The parties requested the Tribunal to, by consent, decide this issue on the papers and without further hearing. Provision was made for the filing of further documents and submissions in due course. This has now been done.

4 However, in the interim the applicant has taken the substantive issue to the Appeal Panel. Consequently, it is not appropriate for the Tribunal at first instance at this stage to determine the costs application. This will need to abide the determination of the Appeal Panel.

5 The respondent’s costs application will therefore be stood over for directions on 21.10.10 at 11:30 am pending the appeal. If the appeal has not been determined by then the parties have leave to approach the Registry to vary this directions date.