JS v Snowy River Shire Council [2010] NSWADT 247

CITATION: JS v Snowy River Shire Council [2010] NSWADT 247

DIVISION: General Division

APPLICANT JS PARTIES: RESPONDENT Snowy River Shire Council

FILE NUMBER: 093225

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 19 July 2010

DATE OF DECISION: 20 October 2010

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Privacy - information protection principle - disclosure to third party

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Privacy and Personal Information Protection Act 1998

JD v NSW Medical Board (No.2) [2006] NSWADT 345 CASES CITED: NW v New South Wales Fire Brigades (No 2) [2006] NSWADT 61 RD v Department of Education and Training [2005] NSWADT 195

APPLICANT In person REPRESENTATION: RESPONDENT A Bradbury, solicitor

ORDERS: In accordance with section 55(2) of the Privacy and Personal Information Protection Act 1998 the Tribunal determines to take no further action on the matter.

REASONS FOR DECISION

1 In these reasons the names of all private individuals have been anonymised so as to preserve the privacy of their personal affairs. The applicant is referred to as JS. I have also limited my discussion of the evidence in order to avoid the possibility that the identities of individuals might be revealed.

2 JS has identified complaints under the Privacy and Personal Information Act 1998 ("the Privacy Act") and has sought review of certain conduct by employees of the Snowy River Shire Council ("the Council"). She complains that a copy of a Deed of Release between herself, another individual and the Council was provided to a third party in breach of the Privacy Act. The Deed of Release was wrongly produced to the Cooma Local Court in purported response to a subpoena.