DVT v Commissioner of Police [2021] NSWCATAD 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVT v Commissioner of Police [2021] NSWCATAD 108 Hearing dates: 2 November 2020 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: 1. The purported unilateral withdrawal of the undertaking made by the Respondent's solicitor is not valid and the undertaking remains in place and is effective as against the Respondent. 2. The Respondent has breached s14 PIPP Act/IPP 7 in respect of the Applicant's requests in Emails 1‑5 to access their personal information held by the Respondent. 3. The Respondent did not breach s14 PPIP Act/IPP 7 in respect of the Applicant's request in Email 6 to access their personal information held by the Respondent. 4. The Applicant is to file and serve submissions as to remedy, not exceeding five (5) pages, within 14 days of the date of these Reasons for Decision. 5. The Respondent is to file and serve submissions as to remedy, not exceeding five (5) pages, within 14 days after receipt of the Applicant's submissions as to remedy. 6. The matter is to be relisted for directions before Senior Member Christie as to remedy on 1 June 2021 at 9:30am. 7. I direct the Principal Registrar of the Tribunal to forward a copy of these Reasons for Decision to the NSW Legal Services Commissioner for such action as the Commissioner may consider appropriate. Catchwords: ADMINISTRATIVE LAW – privacy – request for access to personal information under s14 PPIP Act/IPP 7 – what constitutes excessive delay in the circumstances – inability to unilaterally withdraw an undertaking Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Electronic Transactions Act 2000 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Cases Cited: AEC v Commissioner of Police (NSW) [2013] NSWADTAP 30 AFU v Sydney Local Health District [2012] NSWADT 197 AIN v Medical Council of New South Wales [2017] NSWCATAP 21 CEU v University of Technology Sydney [2018] NSWCATAD 13 Council of the Law Society of NSW v Jiao [2020] NSWCATOD 63 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 Department of Education and Training v ZR (No 2) [2009] NSWADTAP 44 DHU v Commissioner of Police, NSW Police Force [2018] NSWCATAD 126 DSG v Department of Education [2019] NSWCATAD 182 KT v Sydney South West Area Health Service [2010] NSWADT 94 LN v Sydney Local Health District (GD) [2012] NSWADTAP 9 QN v Commissioner of Fire Brigades (NSW) [2011] NSWADT 125 Category: Principal judgment Parties: DVT (Applicant) Commissioner of Police (Respondent) Representation: Counsel: M Seck (Respondent)