DVT v Commissioner of Police (No 5) [2020] NSWCATAD 311

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVT v Commissioner of Police (No 5) [2020] NSWCATAD 311 Hearing dates: On the papers Date of orders: 14 December 2020 Decision date: 14 December 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: The application for miscellaneous matters dated 31 August 2020 is dismissed. Catchwords: ADMINISTRATIVE LAW – right to reasons – adequacy of reasons – administrator's obligations Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Decisions Act 2013 Privacy and Personal Information Protection Act 1998 Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWSC 1391 AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWADT 223 Attorney-General v Wentworth (1988) 14 NSWLR 481 Williams v Spautz [1992] HCA 34; 174 CLR 509 Texts Cited: None cited Category: Principal judgment Parties: DVT (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Karen Smith, Crown Solicitor (Respondent) File Number(s): 2020/00141477 Publication restriction: None

REASONS FOR DECISION

Background 1. The applicant DVT made a complaint under the Privacy and Personal Information Protection Act 1998 (PPIPA) on 2 March 2020 to the Privacy Coordinator of the NSW Police Force. 2. The complaint concerned an affidavit filed by a solicitor acting for the Commissioner of Police in proceedings between the Commissioner and DVT in the Federal Circuit Court. According to the complaint, the affidavit was made in support of an application for substituted service of a Creditor's Petition and the affidavit contained the residential address of DVT. DVT complained that the respondent collected that address contrary to s 8(2) of the PPIPA. 3. The respondent undertook a review of the conduct pursuant to s 53 of the PPIPA in response to the complaint. In its findings on the review, dated 5 May 2020, the respondent determined that there had been no contravention of the PPIPA and decided to take no action. 4. On 7 May 2020 the applicant wrote to the respondent that the internal review did not comply with s 53(8)(a) of the PPIPA and continued: "Pursuant to section 49(1) of the Administrative Decisions Review Act 1997, please provide me with a written statement of reasons which sets out the matters referred to in s 49(3) of that Act." 1. Section 53(8)(a) requires that the agency notify the applicant of the findings of the review and the reasons for those findings. 2. The respondent wrote to the applicant seeking clarification. The respondent replied that the internal review "fails to set out the findings on material questions of fact, referring to the evidence or other material on which those findings were based." 3. The respondent replied that in its view the internal review complied with s 49 of the ADRA. 4. DVT sought review of the 5 May 2020 decision in the Tribunal by way of an administrative review application filed on 12 May 2020. 5. On 5 June 2020 the respondent lodged material pursuant to s 58(1) and (1a) of the Administrative Decisions Review Act 1997 (ADRA). It also lodged an application under s 59(2) of the ADRA ("the Confidentiality Application") that a confidential bundle of material not be lodged as the documents were subject to client legal privilege for the purposes of s 67 of the Civil and Administrative Tribunal Act 2013 (CAT Act). 6. On 31 August 2020 DVT filed an application for miscellaneous matters ("the Reasons Application") seeking the following orders: 1. The respondent is directed to provide a statement of reasons that complies with s 49(3) of the Administrative Decisions Review Act 1997. 2. Direction number 6 made on 30 June 2020 is vacated. 1. On 22 September the Tribunal determined the Confidentiality Application in the respondent's favour and ordered that the publication of that material was prohibited. 2. On 25 September 2020, the respondent filed an application that the Reasons Application be dismissed under s 52(2) of the ADRA ("the Dismissal Application"). 3. These reasons deal with the Dismissal Application.