EPR v Commissioner of Police [2021] NSWCATAD 237

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EPR v Commissioner of Police [2021] NSWCATAD 237 Hearing dates: On the papers Date of orders: 5 August 2021 Decision date: 13 August 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 no action will be taken in this matter. (2) Pursuant to s64 of the Civil and Administrative Tribunal Act 2013 the publication of the name of the applicant in these proceedings or reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person is prohibited. Catchwords: ADMINISTRATIVE LAW - privacy – NSW Police Force exemption under s27 PPIP Act from IPP 11 – what is an "administrative" function Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Freedom of Information Act 1989 (NSW) (Repealed) Police Act 1990 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AEC v Commissioner of Police, NSW Police Force [2013] NSWADTAP 30 Commissioner of Police, NSW Police Force v YK (GD) [2008] NSWADTAP 78 CTU v NSW Police Force [2017] NSWCATAD 204 DKB v Commissioner of Police, NSW Police Force [2018] NSWCATAD 193 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 EFR v Commissioner of Police [2020] NSWCATAD 159 HW v Commissioner of Police, NSW Police [2003] NSWADT 214 KT v Sydney Local Health Network [2011] NSWADT 171 N (No. 3) -v- Commissioner of Police, New South Wales Police Service [2002] NSWADT 34 Texts Cited: Nil Category: Principal judgment Parties: EPR (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2021/00073125 Publication restriction: Pursuant to s64 of the Civil and Administrative Tribunal Act 2013 the publication of the name of the applicant in these proceedings or reference to any information, picture or other material that identifies that person or is likely to lead to the identification of the person is prohibited.