Commissioner of Police v DTN [2020] NSWCATAP 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police v DTN [2020] NSWCATAP 165 Hearing dates: 17 July 2020 Date of orders: 4 August 2020 Decision date: 04 August 2020 Jurisdiction: Appeal Panel Before: Cole DCJ, Deputy President J Kearney, Senior Member. Decision: The appellant's application for leave to appeal is refused. Catchwords: ADMINISTRATIVE LAW – Privacy – appeal from an interlocutory decision of the Tribunal – leave to appeal - application for internal review of conduct – meaning of 'the time the applicant first became aware of the conduct the subject of the application' – principal and agent – imputed knowledge Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: DTN v Commissioner of Police [2020] NSWCATAD 107 Department of Education and Training v EM [2011] NSWADTAP 4 Deming No 456 Pty Ltd v Brisbane Unit Development Corporation Pty Ltd (1983) 155 CLR 129; [1983] HCA 44 Harris v Commercial Minerals Ltd (1995-96) 186 CLR 1; [1996] HCA 49 Waldron v Joondalup Hospital Pty Ltd (2018) 98 NSWLR 552; [2018] NSWCA 182 Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) (2008) 225 FLR 1; [2008] WASC 239 Almona Pty Ltd v Parklea Corporation Pty Ltd [2019] NSWSC 1868 Wassef v Panagiotopoulos [2019] NSWCATAP 18 Ritson v Commissioner of Police, New South Wales Police Force [2019] NSWCA 106 Re Association of Architects of Australia; Ex parte Municipal Officers Association of Australia (1989) 63 ALJR 298 Category: Principal judgment Parties: Commissioner of Police (Appellant) DTN (Respondent) Representation: Sparke Helmore Lawyers (Appellant) Respondent (Self Represented) File Number(s): AP 20/21699 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the publication of the name of the respondent to this appeal is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2020] NSWCATAD 107 Date of Decision: 17 April 2020 Before: M Easton, Senior Member File Number(s): 2019/00350181