FTO v Transport for NSW [2023] NSWCATAD 340

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FTO v Transport for NSW [2023] NSWCATAD 340 Hearing dates: 27 November 2023 Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Pursuant to s 55(1) of the NSW Civil and Administrative Tribunal Act 2013 (NSW), the claim for damages under s 55(2)(a) of the Privacy and Personal Information Protection Act 1998 (NSW) is withdrawn and dismissed. 2. No further action is taken on the matter. Catchwords: Administrative law – administrative review of a reviewable decision – Privacy and Personal Information Protection Act 1998 – Health Records and Information Privacy Act 2002 (NSW) – Federal diversity jurisdiction – applicant is a resident of another state – respondent is an entity of the State of New South Wales - Tribunal lacks jurisdiction to determine the claim for damages under s 55(2)(a) of the Privacy and Personal Information Protection Act 1998 as this would involve an exercise of judicial power – claim for damages withdrawn and dismissed Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Constitution of Australia (Cth) Fair Work Act 2009 (Cth) Freedom of Information Act 1982 (Cth) Government Information (Public Access) Act 2009 (NSW) Health Records and Information Privacy Act 2002 (NSW) Industrial Relations (National System Employers) Order 2009 (NSW) Interpretation Act 1987 (NSW) Privacy Act 1988 (Cth) Privacy and Personal Information Protection Act 1998 (NSW) Public Health Act 2010 (NSW) State Records Act 1998 (NSW) Transport Administration Act 1988 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: ADCO Constructions Pty Ltd v Goudappel (2014) 254 CLR 1 AF v Minister for Health; Minister for Health v AF 222 IR 291 ALZ v Safework NSW [2017] NSWCATAP 51 AOZ v Rail Corporation NSW [2014] NSWCATAP 76 Bowes v Commissioner of Police, New South Wales Police Force [2023] NSWIRComm 1049 Burns v Corbett (2018) 265 CLR 304 Citta Hobart Pty Ltd v Cawthorn (2022) 96 ALJR 476 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 Denehy and Superannuation Complaints Tribunal and FSS Trustee Corporation ATF The First State Superannuation Scheme (2012) 131 ALD 413 Director General, Department of Education and Training v MT (2006) 67 NSWLR 237 Else v Service NSW [2021] NSWCATAD 172 Emma Frances Sommerville v University of Tasmania [2022] FWC 1582 FTO v Transport for NSW [2023] NSWCATAD 159 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Fire Brigade Employees' Union of New South Wales v Industrial Relations Secretary of NSW on behalf of Fire and Rescue NSW (Covid-19 Vaccination Dispute) [2023] NSWIRComm 1004 GL v Director-General, Department of Education and Training [2003] NSWADT 166 Kassam v Hazzard (2021) 393 ALR 664 Khoury v Government Insurance Office (NSW) (1988) 165 CLR 611 Lamarre-Condon v Commissioner of Police, NSW Police Force [2023] NSWIRComm 1021 Mr Patrick Thomas Freeman v The Secretary of the Department of Transport [2022] FWC 2194 Office of Finance and Services v APV and APW [2014] NSWCATAP 88 Patrick Thomas Freeman v Secretary of the Department of Transport as the Head of the Transport Service [2022] FWCFB 224 Re Lobo and Department of Immigration and Citizenship (2011) 56 AAR 1 Re Pfizer and Department of Health, Housing and Community Services (1993) 30 ALD 25 Searle v McGregor (2022) 405 ALR 556 Taikato v The Queen (1996) 186 CLR 454 WL v Randwick City Council [2007] NSWADTAP 58 Wojciechowska v Secretary, Department of Communities and Justice; Wojciechowska v Registrar, Civil and Administrative Tribunal [2023] NSWCA 191 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: FTO (Applicant) Transport for NSW (Respondent) Representation: Applicant (Self-represented) Transport for NSW (Respondent) File Number(s): 2023/00273823 Publication restriction: The disclosure of the name of the applicant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). The applicant is to be known by the pseudonym FTO.