Cessnock City Council v EMF [2022] NSWCATAP 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cessnock City Council v EMF [2022] NSWCATAP 72 Hearing dates: 26 November 2021 Date of orders: 21 March 2022 Decision date: 21 March 2022 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member Emeritus Prof G Walker, Senior Member Decision: (1) The appeal is dismissed. (1A) Orders 2, 3, 4 and 5 made by the Tribunal on 27 July 2021 in proceedings 2020/00358935 shall have effect as if the date of the Reasons for Decision were 21 March 2022. (2) Pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) a hearing in respect of the costs of the Application for miscellaneous matters filed by the Respondent on 24 September 2021 is dispensed with. (3) The Respondent is to pay the Appellant's costs of the Application for miscellaneous matters filed by the Respondent on 24 September 2021 as agreed or assessed. (4) Unless the Respondent files further submissions in accordance with Order 4 there will be no order in respect of the costs of the appeal. (5) Within 14 days of the date of publication of this Decision the Respondent may file submissions seeking an order in relation to the costs of the appeal. (6) If the Respondent files submissions pursuant to Order 4 the Appellant may within a further 14 days file submissions in response. (7) Any submissions filed in accordance with Orders 4 and 5 shall address the question whether the issue of costs can be determined on the basis of the written submissions and without a further hearing. (8) Under s 64(1) of the Civil and Administrative Tribunal Act 2013 the disclosure of the Respondent's name or of material that identifies the Respondent or is likely to lead to the Respondent's identification is prohibited. Catchwords: ADMINISTRATIVE LAW – Privacy – Privacy and Personal Information Protection Act 1998 (NSW) – Information Protection Principles – IPP 10 Limits on use of personal information – Local Government Act 1993 (NSW) s 440AA – Obligation of Local Council to comply with Code of Conduct Procedures – Whether reference in Code of Conduct Procedures to "routine complaints management processes" required Council's General Manager to refer complaint addressed to General Manager and marked "Confidential – Attention of Addressee Only" to Council's Public Officer Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Local Government Act 1993 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Attorney-General (UK) v Heinemann Publishers Australia Pty Ltd (1987) 10 NSWLR 86 Collins v Urban [2014] NSWCATAP 17 Constructions Pty Ltd v Walsh [2020] NSWCATAP 91 DVT v Commissioner of Police (No 4) [2020] NSWCATAD 299 EMF v Cessnock City Council [2021] NSWCATCD 83 EMF v Cessnock City Council [2021] NSWCATAD 219 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Smith Kline & French Laboratories (Australia) Ltd & AlphaPharm Pty Ltd v Department of Community Services (1990) 22 FCR 73; 95 ALR 87 Smith Kline & French Laboratories (Australia) Ltd v Secretary to the Department of Community Services & Health (1991) 28 FCR 291 Category: Principal judgment Parties: Cessnock City Council (Appellant) EMF (Respondent) Representation: Counsel: S McCarthy (Respondent)