EMQ v Cumberland City Council [2024] NSWCATAD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EMQ v Cumberland City Council [2024] NSWCATAD 148 Hearing dates: 1 – 2, 24 May 2023 Date of orders: 30 May 2024 Decision date: 30 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) Pursuant to section 55(2) of the Privacy and Personal Information Protection Act 1998 (NSW) the Tribunal takes no further action on the matter. (2) The order made on 8 March 2021, under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), prohibiting the publication and broadcast of the applicant's name is amended by deleting the words 'the publication and broadcast' and inserting the word 'disclosure'. (3) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) the disclosure of the names of the three employees of the respondent, the subject of the applicant's administrative review application, and the names of the children in summonsed Document Number 4 as provided to the applicant on 5 May 2023 is prohibited. (4) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW) the disclosure to the applicant, the applicant's representative and the public of the of the content in the bundle of documents marked 'Confidential' that was withheld from the applicant and provided to the Tribunal in confidence is prohibited. Catchwords: ADMINISTRATIVE REVIEW — role of the Tribunal in reviewing conduct of a public sector agency under s 55 of the Privacy and Personal Information Act 1998 (NSW) — the obligation of s 58 documents PRIVACY — information protection principles — alleged sharing of the applicant's personal information held by the respondent public sector agency — alleged contravention by the respondent public sector agency of the use and disclosure information protection principle Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children's Guardian Act 2019 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Ombudsman Act 1974 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: CTH v The University of New South Wales [2017] NSWCATAD 244 Decision Restricted [2021] NSWCATAP 288 EMQ v Cumberland Council [2021] NSWCATAD 162 EMQ v Cumberland Council [2022] NSWCATAD 51 EMQ v Cumberland Council [2022] NSWCATAD 133 FHG v Cumberland City Council; Cumberland City Council v FHG [2023] NSWCATAP 91 FM v Vice Chancellor, Macquarie University [2003] NSWADT 78 FMM v Nominal Insurer [2023] NSWCATAD 114 GR v Director-General, Department of Housing [2004] NSWADTAP 26 JD v New South Wales Medical Board [2008] NSWADT 67 KL v Wentworth Area Health Service [2004] NSWADT 84 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 OA v Department of Housing [2005] NSWADT 233 RL v Department of Education and Training [2009] NSWADT 257 Vice-Chancellor Macquarie University v FM [2005] NSWCA 192 Vice-Chancellor, Macquarie University v FM (GD) [2003] NSWADTAP 43 ZR v Department of Education and Training (GD) [2010] NSWADTAP 75 ZR v NSW Department of Education and Training [2008] NSWADT 199 Category: Principal judgment Parties: EMQ (Applicant) Cumberland City Council (Respondent) Representation: Solicitors: Applicant (self-represented) C McFadzean (Cumberland City Council) (Respondent) File Number(s): 2020/00355032 Publication restriction: An order under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure of the name of the applicant and the three employees of the respondent named in the applicant's internal review application is prohibited.