KP v Narrandera Shire Council

Set aside by Appeal:

CITATION:	KP v Narrandera Shire Council [2010] NSWADT 61
DIVISION:	General Division
PARTIES:	APPLICANT KP RESPONDENT Narrandera Shire Council
FILE NUMBER:	093011
HEARING DATES:	18 September 2009
SUBMISSIONS CLOSED:	1 March 2010
DATE OF DECISION:	3 March 2010
BEFORE:	Wilson R - Judicial Member
CATCHWORDS:	Summary dismissal of proceedings. Exercise of the statutory power to determine proceedings by taking no action.
LEGISLATION CITED:	Privacy and Personal Information Protection Act 1998; s.55(2)
CASES CITED:	AW v Vice Chancellor, University of Newcastle [2008] NSWADT 86
REPRESENTATION:	APPLICANT In person RESPONDENT M Robinson, barrister
ORDERS:	1. The proceedings are adjourned for a further planning meeting on 23 March 2010 at 10:15 am.

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 proceeding 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 There has been a substantial history of continued dispute between the parties, as the evidence clearly shows. However much of the relevant factual material is common ground. Briefly, the disputations eventually culminated in the respondent taking action to bar the applicant from the respondent’s offices and formal chambers. A particular report was submitted to the respondent concerning the applicant in relation to which the applicant sought access. This matter came before the Tribunal in earlier proceedings between the parties under the Freedom of Information Act 1989. These proceedings were resolved by providing the applicant with a redacted copy of the document, a copy of which is exhibit R1 (page 2), whereupon the proceedings were withdrawn. The respondent held a complete copy of this document, which is a report dated 26.02.07.

4 For the purposes of the proceedings the subject of these reasons (093011) the relevant facts may be shortly stated. On 23 and 30 October 2006 the applicant made complaint to the NSW Ombudsman concerning the way in which he had been treated by the respondent’s officers. Following this there were communications between the respondent and the Ombudsman in relation to these complaints. In particular the respondent sent a letter to the Ombudsman dated 05.12.06 (exhibit R3 annexure B). It is common ground that this letter…