Howard v Department of Communities and Justice - Housing [2023] NSWCATAD 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Howard v Department of Communities and Justice - Housing [2023] NSWCATAD 188 Hearing dates: 17 May 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: Application for administrative review no. 2023/00103385 is dismissed pursuant to s55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: ADMINISTRATIVE LAW – administrative review of a reviewable decision – Privacy and Personal Information Protection Act 1998 – summary dismissal – NCAT's jurisdiction to conduct administrative review – whether the applicant made a request for internal review – where no internal review conducted by the agency – whether request for internal review was 'competent' – where applicant applied for external review before 60 days from the date of her internal review request had lapsed Legislation Cited: Administrative Decisions Review Act 1997 (NSW) – s 9 Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 28, 30, 39,55 Civil and Administrative Tribunal Rules 2014 (NSW), s 24 Government Information (Public Access) Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW), ss 4, 15, 52, 53, 55 Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256 CYL v YZA [2017] NSWCATAP 105 General Steel Industry v Commissioner for Railways (1964) 112 CLR 125 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 PC v University of New South Wales (GD) [2005] NSWADTAP 72 Y v Director General, Department of Education & Training [2001] NSWADT 149 Texts Cited: Nil Category: Principal judgment Parties: Morgan Howard (Applicant)