Glass v Cessnock City Council [2024] NSWCATAD 292

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Glass v Cessnock City Council [2024] NSWCATAD 292 Hearing dates: 20 September 2024 Date of orders: 02 October 2024 Decision date: 02 October 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) Pursuant to s 44 (1) of the NCAT Act Kylie Gemmell is joined as a party (applicant) to these proceedings. (2) By consent the Order made on 17 June 2024 imposing a s 64 (1) (a) of the Civil and Administrative Tribunal Act 2013 restriction on the publication or broadcast of the names of the applicants is set aside. (3) The Tribunal finds that the respondent Council has contravened s 18 of the Privacy and Personal Information Protection Act 1998 (IPP 11). (4) Pursuant to s 55 (2) of the PPIP Act, on reviewing the conduct of the respondent public sector agency, the Tribunal decides not to take any action on the matter. Catchwords: ADMINISTRATIVE LAW - Privacy – Personal Information – disclosure – whether personal information disclosed – meaning of publicly available publication – meaning of personal information – does information or opinion need to be only about the person – is a persons opinion information about them - personal information – meaning of about an individual – disclosure – weight of evidence Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Privacy Act 1988 (Cth) Cases Cited: BN v Hornsby Shore Council [2012] NSWADT165 Donnellan v Ku-ring-gai Council (2013) NSWADT 115 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 DRP v Orange City Council [2020] NSWCATAD 220 GR v Department of Housing (No 2) [2005] NSWADT 301 HP- v – Hunter New England Area Health Services [2009] NSWADT 186 JD v Medical Board (No 2) [2006] NSWADT 345 RD v Department of Education and Training [2005] NSW ADT 195 Telstra Corporation Limited and Privacy Commissioner [2015] AATA 991 University of New South Wales v PG (GD) [2008] NSWADTAP 26 VK v Department of Education and Training (No 2) [2009] NSWADT 286 Texts Cited: Nil Category: Principal judgment Parties: Trent Glass (First Applicant) Kylie Gemmell (Second Applicant) Cessnock City Council (Respondent) Representation: Solicitors: