Webb v iCare NSW

Case [2023] NSWCATAD 111


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)

Privacy and Personal Information Protection Act 1998 (NSW)

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

HealthShare NSW v CJU [2022] NSWCATAP 316

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Details
AGLC
Webb v iCare NSW [2023] NSWCATAD 111
Case
[2023] NSWCATAD 111
Decision Date

CaseChat Overview and Summary

The case of Webb v iCare NSW was heard in the NSW Civil and Administrative Tribunal. The Applicant, Ms Webb, sought an administrative review of a decision made by iCare NSW, the insurer for public sector workers in New South Wales. The dispute centred on whether Ms Webb's name and information about her making an application under the Government Information (Public Access) Act 2009 (NSW) on behalf of an organisation constituted "personal information" within the meaning of the Privacy and Personal Information Protection Act 1998 (NSW). The Applicant argued that iCare NSW had unlawfully accessed her personal information.

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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