GGP v Lismore City Council [2024] NSWCATAD 308

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GGP v Lismore City Council [2024] NSWCATAD 308 Hearing dates: 13 June 2024 Date of orders: 16 October 2024 Decision date: 16 October 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: R C Titterton OAM, Senior Member Decision: (1) The respondent's decision of 28 March 2024 is varied as follows: (a) in lieu of the respondent's delegate noting that the applicant's name from the publicly available copy of the Annual Environmental Monitoring Report 2022 and the street numbers from the 17 references to her home address would be redacted, the applicant's name and her entire street address is redacted in their entirety; (b) in lieu of the respondent's delegate redacting a paragraph from the 3 August 2022 letter on p 403 of the publicly available copy of the Annual Environmental Monitoring Report, the two references to the applicant's address are also to be redacted; (c) in lieu of the apology suggested by the respondent's delegate, the respondent is to provide a letter to the applicant apologising for: (i) any distress caused to the applicant by the respondent's conduct the subject of these reasons; and (ii) the delay in undertaking and completing the internal review of her privacy complaint. (d) the respondent is to obtain the applicant's express consent before publishing her personal information on its website, save for exemptions available to the respondent under any NSW legislation. (2) The respondent's decision is otherwise affirmed. (3) The application for administrative review is otherwise dismissed. Catchwords: ADMINISTRATIVE LAW – administrative review – Personal Information — Request for deletion of records — Privacy and Personal Information Protection Act 1998 (NSW) ss 10, 15, 16 and 17 Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Environmental Planning and Assessment Act 1979 (NSW) Privacy and Personal Information Protection Act 1998 (NSW), ss 4, 10, 12, 24, 25, 53, 55 Cases Cited: ALZ v WorkCover NSW (No 2) [2014] NSWCATAD 122 AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 CEU v University of Technology Sydney [2018] NSWCATAD 13 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 EIG v North Sydney Council [2021] NSCATAD 66 EJX v University of Newcastle [2023] NSWCATAD 53 EMF v Cessnock City Council [2021] NSWCATAD 219 FMH v Cumberland Council [2022] NSWCATAD 293 Freind v Commissioner of Police, NSW Police Force [2024] NSWCATAD 163 GR v Department of Housing [2003] NSWADT 268 Grande v Lismore City Council [2024] NSWCATAD 33 KT v Sydney Local Health [2011] NSWADT 171 Meacham v Commissioner of Police [2020] NSWCATAP 107 NX v Office of the Director of Public Prosecutions [2005] NSWADT 74 Planet Fisheries Pty Ltd v La Rosa [1968] HCA PN v Department of Education and Training (GD) [2010] NSWADTAP 59 SF v Shoalhaven City Council [2013] NSWADT 94 Texts Cited: None Category: Principal judgment Parties: GGP (Applicant) Lismore City Council (Respondent) Representation: Ms Henry (assisting Applicant) M Cottom (Local Government Legal) (Respondent) File Number(s): 2024/00083352 Publication restriction: Pursuant to ss 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 (NSW) the publication or broadcast of the name of the applicant and any evidence in the proceedings which identifies the applicant is prohibited.