DVT v Commissioner of Police (No 3) [2021] NSWCATAD 290

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVT v Commissioner of Police (No 3) [2021] NSWCATAD 290 Hearing dates: On the papers Date of orders: 8 October 2021 Decision date: 08 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: 1. From the date of these Reasons for Decision the Respondent is to refrain from repeating any of the conduct of concern (as detailed in the Decision) and conduct similar to it in contravention of IPP 7 in relation to any IPP 7 access requests made by the Applicant. 2. Within 30 days of the date of these Reasons for Decision the Respondent will perform IPP 7 by providing the Applicant with access to all of the Applicant's personal information requested in Emails 1-6 (as defined in the Decision). Catchwords: ADMINISTRATIVE LAW – privacy - remedies for breach of IPP 7/s 14 PPIP Act - applicant's entitlement to their requested personal information - ordering an agency to perform IPP 7 – ordering an agency to refrain from conduct in contravention of an IPP. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Cases Cited: DED v Randwick City Council [2017] NSWCATAD 327 at [50] DVT v Commissioner of Police [2021] NSWCATAD 108 DVT v Commissioner of Police [2021] NSWCATAD 195 Drake v Minister for Immigration and Ethnic Affairs [1979] EIG v North Sydney Council [2021] NSWCATAD 66 KT v Sydney Local Health Network [2011] NSWADT 171 MT v Director General, NSW Department of Education & Training [2004] NSWADT 194 Pearce v AQO [2015] NSWCATAP 162 Taciak v Commissioner of Australian Federal Police [1995] 131 ALR 319 Texts Cited: Nil Category: Principal judgment Parties: DVT (Applicant) Commissioner of Police (Respondent) Representation: Counsel: J E Curtin (Respondent)