Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Webb v iCare NSW [2023] NSWCATAD 111 Hearing dates: 22 March 2023 Date of orders: 15 May 2023 Decision date: 15 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) The Applicant's name is 'personal information' falling with s 4 of the Privacy and Personal Protection Information Act 1998 (NSW).
(2) The Applicant's name is not exempted from being personal information under s 4(1) by the operation of s 4(3)(b) of the Privacy and Personal Information Protection Act 1998 (NSW).
(3) The information that the Applicant made a Government Information (Public Access) Act 2009 (NSW) application to the Respondent on behalf of a named organisation is prima facie the personal information of the Applicant falling within s 4 of the Privacy and Personal Protection Information Act 1998 (NSW) of that Act.
(4) The personal information of the Applicant referred to in Order (3) above is not exempted from being personal information under s 4(1) by the operation of s 4(3)(b) of the Privacy and Personal Information Protection Information Act 1998 (NSW) as it is not information about the Applicant contained in a publicly available publication.
(5) The Respondent's Application for Miscellaneous Matters filed with the Tribunal on 22 March 2023 to set aside the summons for Ms Gibbs-Steele to appear is refused.
The matter is to be listed at 10.00am on Tuesday 25 July 2023 for a full day to hear the remainder of the administrative review application and for the applicant to examine the summonsed witnesses.
Catchwords: ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 (NSW) – is an individual's name and/or information about them making an application under the Government Information (Public Access) Act 2009 (NSW) on behalf of an organisation personal information for the purposes of the PPIP Act – ss 4(1) and (3)(b) PPIP Act.
Legislation Cited: Administrative Decisions Review Act 1997 (NSW)
Civil and Administrative Tribunal Act 2013
Government Information (Public Access) Act 2009 (NSW)
Interpretation Act 1987 (NSW)
Privacy Act 1988 (Cth)
Cases Cited: AlN v Medical Council of New South Wales [2017] NSWCATAP 23
BE v University of Technology, Sydney [2008] NSWADT 139
BFR v Moree Plains Shire Council [2014] NSWCATAD 197
BYW v Commissioner of Police, NSW Police Force [2014] NSWCATAD 53
CJU v HealthShare NSW [2021] NSWCATAD 372
Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297
CWI v The University of New South Wales [2018] NSWCATAD 12
Department of Education and Training v PN [2006] NSWADTAP 66
Director General, Department of Education and Training v MT (2006) 67 NSWLR 237; [2006] NSWCA 270
DRP v Orange City Council [2020] NSWCATAD 220
EFL v Secretary, Department of Education [2020] NSWCATAD 239
EG v Police Service (NSW) [2003] NSWADT 150
Federal Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55
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- AGLC
- Webb v iCare NSW [2023] NSWCATAD 111
- Case
- [2023] NSWCATAD 111
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to decide was whether Ms Webb's name and the information about her application qualified as "personal information" under section 4 of the Privacy and Personal Information Protection Act 1998 (NSW). Additionally, the court needed to determine whether this information was exempt from being considered personal information under section 4(3)(b) of the Act, which excludes information contained in a publicly available publication. The court also had to address whether the Respondent's application to set aside a summons for a witness to appear should be granted.
The court found that Ms Webb's name was indeed personal information as defined in section 4 of the Privacy and Personal Information Protection Act 1998 (NSW). It concluded that this information was not exempt from being personal information under section 4(3)(b) of the Act, as it was not contained in a publicly available publication. Furthermore, the court held that the information regarding Ms Webb's application under the Government Information (Public Access) Act 2009 (NSW) was also personal information of Ms Webb and not exempt under section 4(3)(b) of the Privacy and Personal Information Protection Act 1998 (NSW). The court rejected the Respondent's application to set aside the summons for the witness to appear. The matter was scheduled for a full day hearing to continue the administrative review and to examine the summonsed witnesses.
Orders
Orders of the court
(1) The Applicant's name is 'personal information' falling with s 4 of the Privacy and Personal Protection Information Act 1998 (NSW).
(2) The Applicant's name is not exempted from being personal information under s 4(1) by the operation of s 4(3)(b) of the Privacy and Personal Information Protection Act 1998 (NSW).
(3) The information that the Applicant made a Government Information (Public Access) Act 2009 (NSW) application to the Respondent on behalf of a named organisation is prima facie the personal information of the Applicant falling within s 4 of the Privacy and Personal Protection Information Act 1998 (NSW) of that Act.
(4) The personal information of the Applicant referred to in Order (3) above is not exempted from being personal information under s 4(1) by the operation of s 4(3)(b) of the Privacy and Personal Information Protection Information Act 1998 (NSW) as it is not information about the Applicant contained in a publicly available publication.
(5) The Respondent's Application for Miscellaneous Matters filed with the Tribunal on 22 March 2023 to set aside the summons for Ms Gibbs-Steele to appear is refused.
The matter is to be listed at 10.00am on Tuesday 25 July 2023 for a full day to hear the remainder of the administrative review application and for the applicant to examine the summonsed witnesses.
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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