EIG v North Sydney Council [2021] NSWCATAD 313

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EIG v North Sydney Council [2021] NSWCATAD 313 Hearing dates: 15 July 2021 Date of orders: 27 October 2021 Decision date: 27 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) Time is extended under s 41 Civil and Administrative Tribunal Act for the Applicant to lodge the application for external review by this Tribunal to 22 March 2021. (2) Pursuant to s 64 Civil and Administrative Tribunal Act the publication or broadcast 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. (3) Pursuant to s 55(2)(b) Privacy and Personal Information Protection Act, in relation to all future applications of the Applicant under ss 53 and 55 Privacy and Personal Information Protection Act the Respondent is to refrain from: (i) any use of the Applicant's personal information relating to such applications in contravention of s 17 Privacy and Personal Information Protection Act/IPP 10; and (ii) any disclosure of the Applicant's personal information relating to such applications in contravention of s 18 Privacy and Personal Information Protection Act/ IPP 11. (4) Within 14 days of the date of these Reasons for Decision the Respondent is to provide an unreserved formal written apology to the Applicant addressing and apologising for the Respondent's breaches of IPPs 10 and 11 in respect of the personal information of the Applicant as identified in these Reasons for Decision and for all distress and embarrassment caused to the Applicant by such. (5) Within 14 days of the date of these Reasons for Decision the Respondent must publish an anonymous notice not identifying the Applicant (in accordance with the publication restriction) in the 'Latest News' section of the Respondent's website, under the heading "Council found to have committed privacy breaches" and noting Orders (3) and (6) of the Tribunal in relation to the Respondent's breaches of IPPs 10 and 11 and such notice must stay up for 2 months from publication. (6) Within 30 days of the date of these Reasons for Decision the Respondent must (a) anonymise the Applicant's name in all publicly available digital publications (including on the Respondent's website) in relation to any reference to the Decision proceedings or the Decision; and (b) make reasonable efforts to recover and destroy or anonymise the Applicant's name in all printed and hardcopy materials in relation to any reference to the Decision proceedings or the Decision. Catchwords: ADMINISTRATIVE REVIEW - personal information – use and disclosure of personal information relating to prior NCAT proceedings in contravention of ss 17(IPP 10) and 18(IPP 11) of the Privacy and Personal Information Act 1998 – the purpose for collection of personal information relating to an earlier privacy review before the Tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil Administrative Tribunal Act 2013 (NSW) Local Government Act 1993 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AIN v Medical Council of New South Wales [2017] NSWCATAP 23 DED v Randwick City Council [2017] NSWCATAD 327 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 EEC v Federation Council [2020] NSW CATAP 169 EIG v North Sydney Council [2021] NSWCATAD 66 EMF v Cessnock City Council [2021] NSWCATAD 219 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 KDV Registrar, NSW Medical Board [2004] NSWADT 5 KT v Sydney Local Health Network [2011] NSWADT 171 Nasr v State of New South Wales (2007) NSWCA 101 Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4 Vice-Chancellor Macquarie University v FM (No 2) [2004] NSWADTAP 37 ZR v Department of Education and Training (GD) [2010] NSWADTAP 75 Texts Cited: Nil Category: Principal judgment Parties: EIG (Applicant) North Sydney Council (Respondent) Representation: Counsel: B Walker SC assisted by A Edwards (Respondent)