FHH v Port Stephens Council [2023] NSWCATAD 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FHH v Port Stephens Council [2023] NSWCATAD 101 Hearing dates: 7 July 2022 and 30 September 2022 (Submissions closed 16 November 2022) Date of orders: 02 May 2023 Decision date: 02 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) Pursuant to s 44 (1) of the NCAT Act FHH's spouse FTU is joined as a party (applicant) to these proceedings. (2) Pursuant to s 55 (2) of the PPIP Act, on reviewing the conduct of the respondent public sector agency, the Tribunal decides not to take any action on the matter. Catchwords: ADMINISTRATIVE LAW - Privacy – Personal Information – disclosure – whether personal information disclosed – meaning of publicly available publication Legislation Cited: Administrative Decisions Review Act 1997 Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1989 (Repealed) Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Privacy and Personal Information Protection Regulation 2019 Privacy Act 1988 (Cth) Cases Cited: BYW v Commissioner of Police, NSW Police Force [2014] NSWCATAD 53 Commissioner of Police New South Wales Police Force v Fine [2014] NSWCA 327 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 DRP v Orange City Council [2020] NSWCATAD 220 HP- v – Hunter New England Area Health Services [2009] NSWADT 186 JD v New South Wales Medical Board [2008] NSWADT 67 NW v Fire Brigades [2005] NSWADT 73 Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4 University of New South Wales v PG (GD) [2008] NSWADTAP 26 VK v Department of Education and Training (No 2) [2009] NSWADT 286 Texts Cited: The Macquarie Dictionary 3rd Edition Category: Principal judgment Parties: FHH (First Applicant) FTU (Second Applicant) Port Stephens Council (Respondent) Representation: Solicitors: Applicants: (Self represented) Respondent: Lindsay Taylor Lawyers File Number(s): 2022/00042970 Publication restriction: Section 64 (1) (a) of the Civil and Administrative Tribunal Act 2013 prohibiting or restricting the disclosure of the name of the applicants.