FZZ v Department of Climate Change, Energy, the Environment and Water [2024] NSWCATAD 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FZZ v Department of Climate Change, Energy, the Environment and Water [2024] NSWCATAD 131 Hearing dates: 10 April 2024 Date of orders: 20 May 2024 Decision date: 20 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: D Ziegler, Senior Member Decision: (1) The decision that there was a breach of ss 8, 9 and 18 of the Privacy and Personal Information Protection Act 1998 (NSW) is affirmed. (2) The decision that there was no breach of ss 10, 11, 13, 16 and 17 of the Privacy and Personal Information Protection Act 1998 (NSW) is affirmed. (3) The applicant is to file and serve submissions and documents in relation to any claim for compensation by 14 days from the date of these orders. (4) The respondent is to file and serve submissions and documents in relation to any claim for compensation by 28 days from the date of these orders. (5) The applicant is to file and serve any submissions in reply by 35 days from the date of these orders. (6) By 42 days from the date of these orders, the parties are to notify the Tribunal as to whether they seek an oral hearing on the issue of compensation, or consent to that part of the proceedings being determined on the papers in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (7) The Tribunal may determine it appropriate to deal with the compensation issue on the papers and without a further oral hearing. Catchwords: ADMINISTRATVE LAW – privacy ­– information protection principles – personal information – collection – use – disclosure – exceptions – s 27A(b)(ii) of the Privacy and Personal Information Protection Act 1998 (NSW) – whether reasonably necessary to enable inquiries to be referred between agencies. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Criminal Records Act 1991 (NSW) Health Records and Information Privacy Act 2002 (NSW) Local Government Act 1993 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Water Management Act 2022 (NSW) Cases Cited: ALZ v WorkCover NSW [2015] NSWCATAP 138 CJU v HealthShare NSW [2021] NSWCATAD 372 DMW and DMX v NSW Local Land Services [2019] NSWCATAD 128 DMW and DMX v NSW Rural Fire Service [2019] NSWCATAD 158 DTJ v NSW Ministry of Health [2020] NSWCATAD 65 FM v Vice Chancellor, Macquarie University [2003] NSWADT 78 HealthShare NSW v CJU [2022] NSWCATAP 316 HW v Director of Public Prosecutions (No 2) [2004] NSWADT 73 JD v Department of Health (GD) [2005] NSWADTAP 44 MT v Director General, NSW Department of Education & Training [2004] NSWADT 194 Nakhl Nasr v State of New South Wales; George Nasr v State Of New South Wales [2007] NSWCA 101 Norkin v University of New England [2023] NSWCA 194 QJ v Secretary, Department of Family and Community Services [2019] NSWCATAD 138 ZR v Department of Education and Training (GD) [2010] NSWADTAP 75 Texts Cited: None cited Category: Principal judgment Parties: FZZ (Applicant) Department of Climate Change, Energy, the Environment and Water (Respondent) Representation: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2023/00333267 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 FZZ.