FKV v Nambucca Valley Council [2022] NSWCATAD 309

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FKV v Nambucca Valley Council [2022] NSWCATAD 309 Hearing dates: 15 September 2022 Date of orders: 21 September 2022 Decision date: 21 September 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent dated 18 February 2022 is affirmed. Catchwords: ADMINISTRATIVE LAW - Privacy – Personal Information – whether conduct constitutes a breach of privacy – whether other legislation overrides privacy legislation – s 25 PPIP Act - scope of jurisdiction of Tribunal – whether information held 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: NZ v Health Care Complaints Commission [2006] NSWADT 111 Vice-Chancellor Macquarie University v FM [2005] NSWCA 192 Category: Principal judgment Parties: FKV (Applicant) Nambucca Valley Council (Respondent) Representation: Applicant (Self Represented) R Hunt (Assistant General Manager Nambucca Valley Council) (Respondent) File Number(s): 2022/00118847 Publication restriction: Section 64 (1) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting or restricting the disclosure of the name of the applicant.

REASONS FOR decision 1. On 22 April 2022 the applicant 'FKV' lodged an application for administrative review with the Tribunal. That application relates to an Internal Review, which the applicant sought concerning a privacy grievance with the Local Government entity Nambucca Valley Council (the Council) the respondent in these proceedings. 2. The matter centres around the Council serving a notice for debt collection concerning unpaid Council rates on FKV's tenant which FKV asserts is the central action of a number of significant breaches of their privacy. 3. FKV is the applicant's pseudonym, in that the Tribunal has de-identified the applicant's name from any open reasons consistent with the practice of the Tribunal in privacy reviews. An order under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act) was also made in respect of the applicant's identity. This is an application for a review of the conduct of the Respondent Public Sector Agency, which was subject to an Internal Review application under Part 5 of the Privacy and Personal Information Protection Act 1998 (NSW) (the PPIP Act). 4. The Tribunal has reviewed the conduct which fell within the scope of the Internal Review and for the reasons that follow, finds that there is no breach of an Information Protection Principle (IPP) under the PPIP Act.