EEC v Federation Council [2022] NSWCATAD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EEC v Federation Council [2022] NSWCATAD 80 Hearing dates: 18 February 2022 Date of orders: 9 March 2022 Decision date: 09 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member Decision: (1) Pursuant to s 63 of the Administrative Decisions Review Act 1997 (NSW), the Tribunal has decided to set aside the decision of the respondent dated 15 October 2021 and in substitution makes the following orders. (2) Pursuant to s 55(2)(a) of the Privacy and Personal Information Protection Act 1998 (NSW), within 14 days of the date of these Reasons for Decision, the respondent is to pay the applicant $1,000.00. (3) Pursuant to s 55(2)(g) of the Privacy and Personal Information Protection Act 1998 (NSW), within 30 days of the date of these Reasons for Decision, the respondent is to provide an unreserved apology to the applicant for its breach of Information Protection Principle 3 (IPP 3) as identified in these Reasons for Decision and provide him with a notification under IPP 3 with respect to each of his complaints the subject of these proceedings. (4) Pursuant to s 55(2)(g) of the Privacy and Personal Information Protection Act 1998 (NSW), within 30 days of the date of these Reasons for Decision, the respondent is to provide an unreserved apology to the applicant for the Council's delay in conducting an internal review of his complaints and advise him of the administrative measures it has introduced to ensure compliance with the timeframes for undertaking internal reviews under s 53 of the Privacy and Personal Information Protection Act 1998 (NSW). (5) Pursuant to s 55(2)(g) of the Privacy and Personal Information Protection Act 1998 (NSW), within 180 days of the date of these Reasons for Decision, the respondent is to conduct training for all Council staff on their obligations under the 12 Information Protection Principles in the Privacy and Personal Information Protection Act 1998 (NSW). Catchwords: ADMINISTRATIVE LAW — Freedom of information — Personal information — Whether any Information Privacy Principles were breached in managing the applicant's complaints Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Local Government Act 1993 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AEC v Cmr of Police (NSW) [2013] NSWADTAP 30 Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244 AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179 APV v Department of Finance and Services [2016] NSWCATAD 168 BVV v Commissioner of Police [2020] NSWCATAD 182 CCM v Western Sydney University [2019] NSWCATAP 103 CEU v University of Technology Sydney [2018] NSWCATAD 13 CJU v SafeWork NSW [2018] NSWCATAD 300 CPJ v The University of Newcastle [2017] NSWCATAD 350 CYH v Family and Community Services [2018] NSWCATAD 84 CYL v YZA [2017] NSWCATAP 105 Department of Education and Training v GA (No. 3) [2004] NSWADTAP 50 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 DRX v City of Canada Bay Council [2020] NSWCATAD 26 DVG v Western Sydney Local Health District [2020] NSWCATAP 78 DVH v South Eastern Sydney Local Health District [2021] NSWCATAD 212 EEC v Federation Council [2020] NSWCATAD 169 EEC v Federation Council (No 2) [2021] NSWCATAD 241 EJE v Department of Communities and Justice [2021] NSWCATAD 96 EQ v Office of the Australian Information Commissioner (Freedom of Information) [2016] AATA 785 Fitzpatrick v Chief Executive Officer Ambulance Service of NSW [2003] NSWADT 132 FM v Vice Chancellor, Macquarie University [2003] NSWADT 78NSWADT 78 GA v Commissioner of Police, NSW Police [2004] NSWADT 254 GA v Commissioner of Police [2005] NSWADTAP 38 Gamester Pty Lt v Lockhart (1993) 112 ALR 623 GR v Department of Housing [2003] NSWADT 268 GR v Department of Housing (No. 2) (GD) [2006] NSWADT 34 GR v Director-General, Dept of Housing [2004] NSWADTAP 16 JD v NSW Medical Board (No. 2) [2006] NSWADT 345 KJ v Wentworth Area Health Service [2004] NSWADT 84 KO & KP v Commissioner of Police, NSW Police (GD) [2005] NSWADTAP 56 KP v Narrandera Shire Council [2011] NSWADTAP 15 March v Stramare (E and MH) Pty Ltd [1991] HCA 12; (1991) 171 CLR 506 NS v Commissioner, Dept of Corrective Services [2004] NSWADT 363 NZ v Commissioner of Police, NSW Police [2007] NSWADT 263 RD v Department of Education and Training [2005] NSWADT 195 SW v Forests NSW [2006] NSWADT 74 University of New South Wales v McGuirk (No 1) (GD) [2005] NSWADTAP 65 Vice-Chancellor Macquarie University v FM [2005] NSWCA 192 VK v Department of Education and Training (No 2) WL v Randwick City Council (GD) [2007] NSWADTAP 58 [2009] NSWADT 288 WT v Auburn Council [2007] NSWADT 253 ZR v NSW Department of Education and Training [2007] NSWADT 239 Texts Cited: None cited Category: Principal judgment Parties: EEC (Applicant) Federation Council (Respondent) Representation: Applicant (Self-Represented) Respondent (Self-Represented by Federation Council's authorised officer) File Number(s): 2020/00015190 Publication restriction: The publication or broadcast of the name of the applicant is prohibited, pursuant to an order made on 2 July 2020 under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013.