KP v Narrandera Shire Council (No 3) [2010] NSWADT 239

CITATION: KP v Narrandera Shire Council (No 3) [2010] NSWADT 239

DIVISION: General Division

APPLICANT KP PARTIES: RESPONDENT Narrandera Shire Council

FILE NUMBER: 093011

HEARING DATES: 23 March 2010

SUBMISSIONS CLOSED: 27 April 2010

DATE OF DECISION: 8 October 2010

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Access to personal information held by an agency.Costs sought by respondent.

LEGISLATION CITED : Privacy and Personal Information Protection Act 1998, s.14 & s.55(2)

APPLICANT In person REPRESENTATION: RESPONDENT M Robinson, barrister J McAteer, for the Privacy Commissioner

1.The Tribunal determines that it will take no action in relation to the matter before it ORDERS: 2. The costs application by the respondent is dismissed 3. The directions hearing listed for 21.10.10 is vacated.

REASONS FOR DECISION

1 The applicant commenced these proceedings pursuant to the Privacy and Personal Information Protection Act 1998 following an unsuccessful internal review application. The applicant has also commenced other proceedings in this Tribunal, under the same legislation, against the same respondent, being matter number 083362. These latter proceedings have been finally dealt with.

2 Prior to substantive hearing, the respondent brought summary dismissal applications, on several grounds, in relation to each of these proceedings, such applications being heard on 18.09.09. At hearing the parties requested determination of the summary dismissal applications on the papers filed, the applicant's documents being marked as exhibits A1 to A4, and the respondent's as exhibits R1 to R9. The parties agreed that these exhibits could be admitted in each proceeding, on the understanding that only materials relevant to each matter would be considered. Whilst a decision on the papers is often a convenient course it has the difficulty that the Tribunal is unable to discuss matters of concern, or interest, with the parties that may arise on perusal of the papers.