EOK v Northern Beaches Council [2021] NSWCATAD 297

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EOK v Northern Beaches Council [2021] NSWCATAD 297 Hearing dates: 1 July 2021; submissions closed 21 July 2021 Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal 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 s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 disclosure to the applicant of the material redacted from paragraphs 6, 7, 21, 23, 24, 28 and 30 and footnote 2 of the Written Closing Submissions of the Respondent filed on 6 July 2021 is prohibited. (3) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 publication of the Affidavit affirmed by EOK's Mother 13 July 2021, para 3 Respondent's Reply submissions filed 21 July 2021, and the document annexed as TR-1 to submissions filed by the applicant on 4 May 2021, is prohibited. Catchwords: ADMINISTRATIVE LAW – privacy – alleged delay in providing access to information – disclosure of personal information – whether contravention of information protection principles – whether non-compliance otherwise permitted – whether action should be taken Legislation Cited: Children (Education and Care Services) National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Education and Care Services National Regulations 2011 Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AFC v Sydney Children's Hospital Specialty Network (Randwick and Westmead) [2012] NSWADT 189 AFU v Sydney Local Health District [2012] NSWADT 197 AJD v Royal Prince Alfred Hospital [2014] NSWCATAD 125 APV v Department of Finance and Services [2016] NSWCATAD 168 Bettington v Commissioner of Police [2021] NSWCATAP 110 Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520 CCM v Western Sydney University (No 4) [2018] NSWCATAD 283 CCM v Western Sydney University [2019] NSWCATAP 103 CJU v Northern Sydney Local Health District [2019] NSWCATAD 236 CLT v Department of Education and Communities (No 2) [2016] NSWCATAD 124 CPJ v University of Newcastle [2017] NSWCATAD 350 DQN v University of Sydney [2019] NSWCATAD 266 DRX v City of Canada Bay Council [2020] NSWCATAD 26 ECR v Public Guardian [2021] NSWCATAD 141 FM v Vice Chancellor, Macquarie University [2003] NSWADT 78 JS v Snowy River Shire Council (No 2) [2009] NSWADT 210 KT v Sydney South West Area Health Services [2010] NSWADT 94 MT v Director General NSW Department of Education & Training [2004] NSWADT 194 Nasr v State of New South Wales [2007] NSWCA 101 Plaintiff A and B v Bird; Plaintiff C v Bird; Plaintiff D v Bird [2020] NSWSC 1379 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Category: Principal judgment Parties: EOK (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: R Withana (Respondent)