Webb v iCare NSW [2023] NSWCATAD 230

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v iCare NSW [2023] NSWCATAD 230 Hearing dates: 25 July 2023 Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: 1. The Respondent's internal review decision dated 17 August 2022 is set aside. 2. Within fourteen (14) days of the date of these Reasons for Decision, the Respondent is to provide to the Applicant an unreserved formal written apology signed by the Chair of the Board of the Respondent, Insurance and Care NSW (known as iCare), addressing and apologising for (a) the Respondent's contravention of IPP 11 identified in these Reasons for Decision and (b) all harm, distress, humiliation and embarrassment caused to the Applicant resulting from such. 3. Within seven (7) to fourteen (14) days (but not before seven (7) days) of providing the written apology required by Order (2) above, the Respondent must seek to remedy (at least in part) the damage caused to the Applicant by notifying each person to whom/to which it disclosed Ms Webb's personal information (the subject of these Reasons for Decision) and: (a) inform them that the information was provided to them unlawfully in breach of IPP 11; (b) request that they delete that information from all records they hold or control including if they received such via or hold such in an agency system; (c) request that they confirm receipt of the notice and whether they have complied or will comply with Order (3)(b) above; and (d) if confirmed in writing by Ms Webb within seven (7) days of receipt of the apology referred to in Order (2) above, include a copy of that apology with each notice to be issued in accordance with this Order (3). 4. Within fourteen (14) days of the Applicant providing to the Respondent their bank account (or any other acceptable payment method) details, the Respondent is to pay to the Applicant a total of $1,500 as compensation for the harm suffered by the Applicant caused by the Respondent's breach of IPP 11. 5. Within fourteen (14) days of the date of these Reasons for Decisions the Respondent is to perform IPP 11 in relation to all personal information of the Applicant (Ms Webb) held by the Respondent, including by implementing such: (a) training, awareness raising and safeguards; and (b) administrative measures, necessary to ensure the Respondent will, ensure that Ms Webb's personal information is only disclosed in compliance with IPP 11, subject to the valid exercise by the Respondent of any exemption or exception in the Privacy and Personal Information Protection Act 1998 which is applicable in the circumstances. Catchwords: ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 (NSW) –ss 5, 18, 25(b) and 26(2) PPIP Act and s 54 Government Information (Public Access) Act 2009 –ss 25(b) and 26(2) exemptions from compliance with IPP 11 - whether submissions on the ss 25(b) and 26(2) PPIP Act exemptions potentially applying to a GIPA access applicant (another person) are relevant. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Amos v Central Coast Council [2019] NSWCATAD 226 CCM v Western Sydney University [2019] NSWCATAP 103 CJU v SafeWork NSW [2018] NSWCATAD 300 Commissioner of Police v Ritson (No 2) [2023] NSWSC 854 CYL v YZA [2016] NSWCATAD 314 FM v Vice-Chancellor, Macquarie University [2003] NSWADT 78 Insurance and Care NSW v EEH [2021] NSWCATAP 350 NG v Department of Education and Training [2004] NSWADT 137 Sneesby v Shoalhaven City Council [2019] NSWCATAD 234 Vice-Chancellor, Macquarie University v FM (GD) [2003] NSWADTAP 43 Vice-Chancellor, Macquarie University v FM (No 2) [2004] NSWADTAP 61 Webb v iCare NSW [2023] NSWCATAD 111 Texts Cited: Nil 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 of 22 March 2023 is prohibited (including to the applicant) and the disclosure of the recording and/or the transcript of the closed part of the 22 March 2023 hearing (including to the applicant) is also prohibited.