Ward v Information and Privacy Commission

[2025] NSWCATAD 4

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

Ward v Information and Privacy Commission [2025] NSWCATAD 4

Hearing dates:

13 December 2024

Date of orders:

06 January 2025

Decision date:

06 January 2025

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

EA MacIntyre, Senior Member

Decision:

(1) The name of the Respondent is amended to “Information and Privacy Commission”.

(2) The Applicant’s application for review is dismissed.

Catchwords:

ADMINISTRATIVE LAW - privacy - information protection principles - jurisdiction – civil proceedings - Information and Privacy Commission - immunity

ADMINISTRATIVE LAW - reviewable decision - conduct - correct and preferable decision - Civil and Administrative Tribunal – dismissal of proceedings

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Government Information (Information Commissioner) Act 2009

Government Information (Public Access) Act 2009 (NSW)

Interpretation Act 1987 (NSW)

Ombudsman Act 1974 (NSW)

Privacy and Personal Information Protection Act 1998 (NSW)

Cases Cited:

Jeray v Information and Privacy Commission [2024] NSWCATAP 239

Texts Cited:

Nil

Category:

Principal judgment

Parties:

David Ward (Applicant)
Information and Privacy Commission (Respondent)

Representation:

Applicant (Self Represented)
Crown Solicitor (Respondent)

File Number(s):

2024/00260245

Publication restriction:

Nil

REASONS FOR DECISION

1. This is an application pursuant to the Privacy and Personal Information Protection Act 1998 (NSW) (“PPIP Act”). The applicant in this matter, David Ward alleges breaches of information protection principles contained in the PPIP Act. The respondent, the Information and Privacy Commission (“IPC” or “Respondent”) denies any such breaches. The determination sought by the Applicant is whether such breaches occurred and if so the consequences.

2. The question of whether the Civil and Administrative Tribunal (“Tribunal”) has jurisdiction to hear the Applicant’s application for review at the present time, is the question for determination in these proceedings.

Background

3. On 13 July 2023, the Applicant made an application under the Government Information (Public Access) Act 2009 (NSW) (“GIPA Act”) for access to certain video footage from the Department of Communities and Justice (“Department”).

4. On 27 August 2023, the Department determined the application under s 72(1)(a) of the GIPA Act to provide the Applicant with view only access rather than providing the Applicant with a copy of the video file.

5. On 1 October 2023, the Applicant applied for external review of the Department’s decision by the Information Commissioner pursuant to s 89 of the GIPA Act.

6. The application included a statement purporting to consent that the IPC will, among other things, provide certain information to the relevant agency. The Applicant did not tick the box referable to that consent.

7. The Respondent completed a report on 4 December 2023 following its external review. The report, among other things, stated that the Applicant's concerns regarding accessibility of the options being provided to him were outside the remit of the external review and was being dealt with separately as a complaint.

8. On 27 December 2023, the Applicant wrote a letter to the then Information Commissioner complaining that his personal information had been…