Webb v iCare NSW [2023] NSWCATAD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v iCare NSW [2023] NSWCATAD 111 Hearing dates: 22 March 2023 Date of orders: 15 May 2023 Decision date: 15 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) The Applicant's name is 'personal information' falling with s 4 of the Privacy and Personal Protection Information Act 1998 (NSW). (2) The Applicant's name is not exempted from being personal information under s 4(1) by the operation of s 4(3)(b) of the Privacy and Personal Information Protection Act 1998 (NSW). (3) The information that the Applicant made a Government Information (Public Access) Act 2009 (NSW) application to the Respondent on behalf of a named organisation is prima facie the personal information of the Applicant falling within s 4 of the Privacy and Personal Protection Information Act 1998 (NSW) of that Act. (4) The personal information of the Applicant referred to in Order (3) above is not exempted from being personal information under s 4(1) by the operation of s 4(3)(b) of the Privacy and Personal Information Protection Information Act 1998 (NSW) as it is not information about the Applicant contained in a publicly available publication. (5) The Respondent's Application for Miscellaneous Matters filed with the Tribunal on 22 March 2023 to set aside the summons for Ms Gibbs-Steele to appear is refused. The matter is to be listed at 10.00am on Tuesday 25 July 2023 for a full day to hear the remainder of the administrative review application and for the applicant to examine the summonsed witnesses. Catchwords: ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 (NSW) – is an individual's name and/or information about them making an application under the Government Information (Public Access) Act 2009 (NSW) on behalf of an organisation personal information for the purposes of the PPIP Act – ss 4(1) and (3)(b) PPIP Act. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 (NSW) Interpretation Act 1987 (NSW) Privacy Act 1988 (Cth) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AlN v Medical Council of New South Wales [2017] NSWCATAP 23 BE v University of Technology, Sydney [2008] NSWADT 139 BFR v Moree Plains Shire Council [2014] NSWCATAD 197 BYW v Commissioner of Police, NSW Police Force [2014] NSWCATAD 53 CJU v HealthShare NSW [2021] NSWCATAD 372 Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297 CWI v The University of New South Wales [2018] NSWCATAD 12 Department of Education and Training v PN [2006] NSWADTAP 66 Director General, Department of Education and Training v MT (2006) 67 NSWLR 237; [2006] NSWCA 270 DRP v Orange City Council [2020] NSWCATAD 220 EFL v Secretary, Department of Education [2020] NSWCATAD 239 EG v Police Service (NSW) [2003] NSWADT 150 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55 HealthShare NSW v CJU [2022] NSWCATAP 316 Jackson v The University of New South Wales [2018] NSWCATAD 12 Leda Developments Pty Ltd v Tweed Shire Council [2013] NSWADT 121 Leda Developments Pty Ltd v Tweed Shire Council [2013] NSWADTAP 50 NW v Fire Brigade [2005] NSWADT 73 OS v Mudgee Shire Council [2009] NSWADT 315 PN v Department of Education and Training [2009] NSWADT 287 Privacy Commissioner v Telstra Corporation Ltd [2017] FCAFC 4; (2017) 249 FCR 24 The Office of Finance and Services v APV and APW [2014] NSWCATAP 88 Turnbull v Strange [2018] NSWCA 157 VK v Department of Education and Training (No. 2) [2009] NSWADT 288 Waters v Transport for NSW [2018] NSWCATAD 40 Webb v iCare NSW [2023] NSWCATAD 63 WL v Randwick City Council [2007] NSWADTAP 58 Texts Cited: SalingerPrivacy, PPIPA in Practice, Edition 16.4, February 2023 Thomson Reuters, New South Wales Administrative Law – Privacy and Personal Information Protection Act 1998 (annotated), as at March 2023 Category: Principal judgment Parties: Telina Webb (Applicant) iCare NSW (Respondent) NSW Privacy Commissioner (Intervenor) Representation: Solicitors: Applicant (Self-Represented) Crown Solicitor (Respondent) Intervenor (Self-Represented) File Number(s): 2022/00264601 Publication restriction: Under ss 64(1)(a) and (d) of the Civil and Administrative Tribunal Act 2013 (NSW) the disclosure of the contents of (including the names of the persons referred to in) Mr Howard's affidavit and the closed part of the hearing is prohibited (including to the applicant) and the disclosure of the recording and/or the transcript of the closed part of the hearing (including to the applicant) is also prohibited.