FZK v Department of Customer Service [2024] NSWCATAP 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FZK v Department of Customer Service [2024] NSWCATAP 185 Hearing dates: 1 August 2024 Date of orders: 25 September 2024 Decision date: 25 September 2024 Jurisdiction: Appeal Panel Before: Seiden SC DCJ, Deputy President J Ledda, Senior Member Decision: (1) In relation to the application made by the appellant for the members of the Appeal Panel to recuse themselves: (a) the Appeal Panel, after giving the parties the opportunity to make submissions as to whether the Appeal Panel should dispense with a hearing and being satisfied that the matter can be adequately determined in the absence of the parties, dispenses with a hearing of the application pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW); and (b) the application is dismissed. (2) The disclosure of the name of the appellant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). The appellant is to continue to be known by the pseudonym FZK. (3) The interlocutory application made by the appellant concerning the respondent's submissions is dismissed. (4) The application made by the appellant concerning the correction of the Appeal Panel's adjournment order is dismissed. (5) The appeal is dismissed. (6) If a party to the appeal wishes to make an application for costs, the following directions apply: (a) the party applying for costs (the costs applicant) must, within 14 days after the publication of this decision, give the other party (the costs respondent) and the Appeal Registry any submissions and documents the costs applicant intends to rely on in relation to the application; (b) the costs respondent must, within 14 days after receiving the submissions and documents of the costs applicant, give the costs applicant and the Appeal Registry any submissions and documents the costs respondent intends to rely on in response to the application for costs; (c) the costs applicant must, within 7 days after receiving the submissions and documents of the costs respondent, give the costs respondent and the Appeal Registry any additional submissions and documents the costs applicant intends to rely on in response to the costs respondent's submissions and documents; (d) the parties are to include, in their written submissions concerning the application for costs, their views about whether they consider that a hearing in relation to the application can be dispensed with pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: ADMINISTRATIVE LAW — appeal against administrative review decision under s 55 of the Privacy and Personal Information Protection Act 1998 (NSW) — whether s 16 operates as precondition to providing access under s 14 — jurisdiction of Tribunal at first instance — recusal application — application to correct order in relation to costs of interlocutory application Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 Government Information (Public Access) Act 2009 (NSW) Government Sector Employment Act 2013 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Abdul-Karim v The Council of the New South Wales Bar Association [2005] NSWCA 93 ALZ v SafeWork NSW [2017] NSWCATAP 51 Andrew Wheeler trading as PricewaterhouseCoopers v Aoyin Group Ltd (No 2) [2021] NSWSC 1115 AIN v Medical Council of New South Wales [2017] NSWCATAP 23 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Australian Gas Light Company v Valuer-General (1940) 40 SR (NSW) 126 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Charisteas v Charisteas (2021) 273 CLR 289; [2021] HCA 29 Citta Hobart Pty Ltd v Cawthorn (2022) 276 CLR 216; [2022] HCA 16 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, NSW Police Force v FYH [2024] NSWCATAP 176 Commissioner of Police, NSW Police Force v Hogan [2024] NSWCATAP 77 Council of the Law Society of New South Wales v Judah [2022] NSWCATOD 89 Craig v South Australia (1995) 184 CLR 163 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 CWS v NSW Department of Education [2017] NSWCATAD 287 Department of Education and Communities v VK (GD) [2011] NSWADTAP 61 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 Director General, Department of Education and Training v MT [2005] NSWADTAP 77 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 EEH v Insurance & Care NSW [2022] NSWCATAD 82 EJE v Commissioner for Fair Trading [2022] NSWCATAD 33 Federated Engine Drivers' and Firemen's Association of Australasia v Broken Hill Proprietary Company Limited (1911) 12 CLR 398 FVA v Commissioner of Police, NSW Police Force [2024] NSWCATAP 127 FZK v Department of Customer Service [2024] NSWCATAD 89 How v Earl of Winterton (No 4) (1905) 91 LT 763 Imbree v Chief Commissioner of State Revenue [2024] NSWCATAP 158 Isbester v Knox City Council (2015) 255 CLR 135; [2015] HCA 20 Jia Le Geng v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87; [1998] FCA 768 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Kelly v Jowett (2009) 76 NSWLR 405; [2009] NSWCA 278 Kirk v Industrial Relations Commission of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Kitay v Frigger [No 2] [2024] WASC 113 (S) KO and KP v Commissioner of Police, New South Wales Police (GD) [2005] NSWADTAP 56 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Lethorn v Wagenheim [2020] NSWCATAP 199 Liu v Director of Public Prosecutions (NSW) [2024] NSWSC 382 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Meyers v Casey (1913) 17 CLR 90 Minister for Immigration and Multicultural and Indigenous Affairs v B (2004) 219 CLR 365; [2004] HCA 20 Moneytech Finance Pty Ltd v Diamond Made Pty Ltd [2018] NSWSC 1785 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 OD v Department of Education and Training (GD) [2005] NSWADTAP 74 Oliver v Nine Network Australia Pty Ltd [2019] FCA 583 Ormonde v NSW National Parks & Wildlife Service (No 2) [2004] NSWADT 253 Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15 Re R [2000] NSWSC 886 Ros v Commissioner of Police [2020] NSWCATAP 70 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 SF v Shoalhaven City Council [2013] NSWADT 94 South Western Sydney Area Health Services v Edmonds [2007] NSWCA 16 Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 Uddin v Truong [2022] NSWCATAP 323 Texts Cited: Salinger Privacy, PPIPA in Practice (Edition 18.2, August 2024) Category: Principal judgment Parties: FZK (Appellant) Department of Customer Service (Respondent) Representation: Self-represented (Appellant) Crown Solicitor (Respondent) File Number(s): 2024/00129802 Publication restriction: The disclosure of the name of the appellant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). The appellant is to continue to be known by the pseudonym FZK. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2024] NSWCATAD 89 Date of Decision: 5 April 2024 Before: D Ziegler, Senior Member File Number(s): 2023/00293188