MH v NSW Maritime

Case [2011] NSWADT 248

Administrative Decisions Tribunal


New South Wales

  • Amendment notes
Medium Neutral Citation: MH v NSW Maritime [2011] NSWADT 248
Hearing dates: 11 and 12 November 2010, 3 December 2010
Decision date: 01 November 2011
Before: P Molony, Judicial Member
Decision:

1.The Tribunal orders that NSW Maritime refrain from any further conduct in breach of the IPP's in s 12(c), and s 18 of the Act.

2.The Tribunal orders NSW Maritime to apologise to MH for the conduct in breach of the IPPs.

3.The Applicant shall file and serve any submissions he wishes to make on the issue of costs - together with a detailed list of costs and expenses (with evidence of expenditure) within 28 days of the publication of these reasons.

4.NSW Maritime shall file and serve any submissions in reply within a further 28 days.

Catchwords: Privacy and Person Information Protection Act - personal information - failure to secure - use - disclosure - attribution of conduct to agency
Legislation Cited: Administrative Decisions Tribunal Act 1997
Legal Profession Act 2004
Ports Corporatisation & Waterways Act 1995
Privacy and Personal Information Protection Act 1998
Cases Cited: Department of Education & Training v GA (No. 3) [2004] NSWADTAP 50
Department of Education and Training v ZR (No 2) (GD) [2009] NSWADTAP 44
Director General, Department of Education and Training v MT [2006] NSWCA 270
GR v Director-General, Department of Housing [2004] NSWADTAP 25
HP v Hunter New England Area Health Services [2009] NSWADT 186
JD v Medical Board (NSW) (No. 2) [2006] NSWADT 345
JS v Snowy River Shire Council [2010] NSWADT 247
NW v NSW Fire Brigades (No. 2) [2006] NSWADT 61
PN v Department of Education and Training (GD) [2010] NSWADTAP 59
WT v Auburn Council [2007] NSWADT 253
WT v Auburn Council [2008] NSWADTAP 16
ZR v Department of Education and Training [2009] NSWADT 84
Texts Cited: Investigation into the misuse of resources by a NSW Maritime Legal Services Branch Officer, September 2010, ICAC
Category:Principal judgment
Parties: MH (Applicant)
NSW Maritime (Respondent)
Representation: MH (Applicant in person)
Crown Solicitor (Respondent)
Privacy Commissioner, J McAteer
File Number(s): 103163

REasons for decision

Introduction

  1. MH has applied to the Tribunal under s 55 of the Privacy and Personal Information Protection Act 1998 (the PPIP Act) to review the conduct of NSW Maritime (the agency) that he alleges breached the information protection principles in s 12(c), s17 and s 18 of the PPIP Act. MH seeks a number of orders:

  • an order for compensation in the amount of $40,000,
  • an order requiring the agency to conduct an assessment into its procedures and processes regarding the storage of personal information,
  • an order requiring the agency to develop a policy regarding employees with access to personal information who leave NSW Maritime employment,
  • an order requiring the agency to discipline those persons responsible for the disclosure of MH's personal information, and
  • an order requiring the agency's chief executive to prepare and deliver a personal apology to MH.

  1. MH is a former employee legal officer…

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Details
AGLC
MH v NSW Maritime [2011] NSWADT 248
Case
[2011] NSWADT 248
Decision Date

CaseChat Overview and Summary

The case of MH v NSW Maritime was heard in the Civil and Administrative Tribunal of New South Wales. The applicant, MH, brought a complaint against NSW Maritime regarding alleged breaches of the Privacy and Personal Information Protection Act 1998 (NSW). The dispute centred around the misuse, disclosure, and failure to secure personal information, with MH asserting that NSW Maritime had not properly protected their personal data, leading to unauthorised use and disclosure.

The primary legal issues the Tribunal had to address were whether NSW Maritime's conduct constituted a breach of the Information Privacy Principles (IPP) under sections 12(c) and 18 of the Act, and if so, whether these breaches warranted an order for redress. The Tribunal needed to determine whether the actions of NSW Maritime amounted to a failure to secure personal information, as well as the unauthorised use and disclosure of that information. Additionally, the Tribunal had to consider the appropriate remedies for the breaches, including an apology and specific conduct orders.

In reaching its decision, the Tribunal examined the evidence presented and the relevant provisions of the Act. It found that NSW Maritime had indeed failed to secure MH's personal information, leading to its unauthorised use and disclosure. The Tribunal held that these actions constituted breaches of the IPPs in sections 12(c) and 18 of the Act. Consequently, the Tribunal ordered NSW Maritime to cease any further breaches of the IPPs and to apologise to MH for the breaches. Regarding costs, the Tribunal mandated that MH file submissions on costs within 28 days, followed by a response from NSW Maritime within a further 28 days.

The Tribunal's final orders required NSW Maritime to refrain from any further breaches of the specified IPPs, to apologise to MH for the breaches, and to allow for the submission and consideration of costs. The orders underscore the importance of compliance with privacy laws and the Tribunal's role in ensuring that entities handle personal information responsibly.

Orders

Orders of the court

1.The Tribunal orders that NSW Maritime refrain from any further conduct in breach of the IPP's in s 12(c), and s 18 of the Act.

2.The Tribunal orders NSW Maritime to apologise to MH for the conduct in breach of the IPPs.

3.The Applicant shall file and serve any submissions he wishes to make on the issue of costs - together with a detailed list of costs and expenses (with evidence of expenditure) within 28 days of the publication of these reasons.

4.NSW Maritime shall file and serve any submissions in reply within a further 28 days.

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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