DMR v Lane Cove Council [2024] NSWCATAD 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMR v Lane Cove Council [2024] NSWCATAD 193 Hearing dates: 20 May 2024 Date of orders: 12 July 2024 Decision date: 12 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Sullivan, Senior Member Decision: (1) The respondent issue a written apology to the applicants within 30 days from the date of this decision. (2) The respondent review and update its Privacy Management Plan, policies, training programs and monitoring/compliance processes regarding (i) the recording of complaints (whether anonymous or not); (ii) steps required to test the veracity of complaints before use; and (iii) appropriate delegation levels for the issue of Stop Work Orders, within 120 days from the date of this decision. (3) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) publication or broadcast of the names of the applicants is prohibited. Catchwords: ADMINISTRATIVE LAW — Privacy and Personal Information Protection Act 1998 (NSW) — personal information — anonymous complaint — later recorded — error found after Stop Work Order issued — "investigative agency" Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Government Information (Public Access) Act 2009 (NSW) Lane Cove Local Environmental Plan 2009 Local Government Act 1993 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AKL v University of Western Sydney [2013] NSWADT 147 ALZ v SafeWork NSW [2017] NSWCATAP 51 AOB v Commissioner of Police [2013] NSWADT 138 AQK v Commissioner of Police, NSW Police Force [2014] NSWCATAD 55 BYW v Commissioner of Police, NSW Police Force [2015] NSWCATAP 270 Collins v Department of Fair Trading [2019] NSWCATAP 199 CWQ v Department of Family and Community Services [2017] NSWCATAD 252 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 Department of Education and Training v VK [2010] NSWADTAP 52 Director General Department of Education and Training v MT (GD) [2005] NSWADTAP 77 EEH v Insurance and Care NSW (iCare) [2021] NSWCATAD 72 EEH v NSW Self Insurance Corporation [2022] NSWCATAD 361 FKV v Nambucca Valley Council [2022] NSWCATAD 2019 FM v Department of Community Services [2008] NSWADT 288 FM v Vice Chancellor, Macquarie University [2003] NSWADT 78 GR v Department of Housing (No 2) (GD) [2006] NSWADT 34 GR v Department of Housing [2004] NSWADTAP 26 GV v Office of the Director of Public Prosecutions [2003] NSWADT 177 HP v Hunter New England Area Health Services [2009] NSWADT 186 HW v Office of the Director of Public Prosecutions (No 2) [2004] NSWADT 73 Insurance and Care NSW v EEH [2021] NSWCATAP 350 JD v Department of Health (GD) [2005] NSWADTAP 44 KO v Commissioner of Police, NSW Police Force (GD) [2005] NSWADTAP 56 KP v Narrandera Shire Council (GD) [2011] NSWADTAP 15 Meacham v Commissioner of Police [2020] NSWCATAP 107 MT v Director General, NSW Department of Education & Training [2004] NSWADT 194 NK v Northern Sydney Central Coast Area Health Service (No 2) [2011] NSWADT 81 NX v Office of the Director of Public Prosecutions [2005] NSWADT 74 NZ v Department of Housing [2005] NSWADT 58 OD v Department of Education and Training (GD) [2005] NSWADTAP 74 OS v Mudgee Share Council [2009] NSWADT 315 Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4 SQ v Department of Justice and Attorney General [2011] NSWADT 266 Vice-Chancellor Macquarie University v FM [2005] NSWCA 192 WL v Randwick City Council (No.2) [2010] NSWADT 87 WL v Randwick City Council [2007] NSWADTAP 58 ZR v Department of Education and Training (GD) [2010] NSWADTAP 75 ZR v NSW Department of Education and Training (GD) [2009] NSWADTAP 69 Category: Principal judgment Parties: DMR (First Applicant) GDN (Second Applicant) Lane Cove Council (Respondent) Representation: First Applicant (self-represented) Second Applicant (self-represented)