Registrar of Births, Deaths and Marriages v Kelloway [2023] NSWCATAP 231

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Registrar of Births, Deaths and Marriages v Kelloway [2023] NSWCATAP 231 Hearing dates: 21 July 2023 Date of orders: 17 August 2023 Decision date: 17 August 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President Dr R Dubler SC, Senior Member Decision: 1. Appeal allowed. 2. Set aside the orders and directions of the Tribunal of 14 February 2023 and lieu thereof make the following decision: (1) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 the Tribunal decides not to take any action on the matter. Catchwords: GOVERNMENT INFORMATION – whether Register of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1995 (NSW) is a public register – whether the Registrar of Births, Deaths and Marriages contravened the Privacy and Personal Information Protection Act 1998 (NSW) by disclosing a person's birth certificate to a solicitor allegedly for use in foreign court proceedings without the consent of that person – whether by reasons of the terms of the Births, Deaths and Marriages Registration Act 1995 (NSW) s 25 of the Privacy and Personal Information Protection Act 1998 (NSW) exempted the Registrar from complying with sections 18 and 19 of the Privacy and Personal Information Protection Act 1998 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Civil and Administrative Tribunal Act (2013) (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: CCM v Western Sydney University [2019] NSWCATAP 103 Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Director General, Department of Education & Training v NT (2006) 67 NSWLR 237 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 IW v City of Perth (1997) 191 CLR 1 Lester v NSW Minister for Planning and Ashton Coal Operations Pty Ltd (2013) 193 LGERA 97 Pearce v AQO [2015] NSWCATAP 162 PN v Department of Education & Training [2006] NSWADT 122 PN v Department of Education & Training (GD) [2010] NSWADTAP 59 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362 University of New South Wales v PC (GD) [2008] NSWADTAP 26 Water Board v Moustakas (1988) 180 CLR 491 WL v Randwick City Council (GD) [2007] NSWADTAP 58 Texts Cited: None cited Category: Principal judgment Parties: Registrar of Births, Deaths and Marriages (Appellant) Sarah Kelloway (Respondent)