OS v Mudgee Shire Council [2009] NSWADT 315

CITATION: OS v Mudgee Shire Council [2009] NSWADT 315

DIVISION: General Division

Applicant: OS PARTIES: Respondent: Mudgee Shire Council

FILE NUMBER: 093179

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 22 October 2009

DATE OF DECISION: 17 December 2009

BEFORE: Molony P - Judicial Member

MATTER FOR DECISION: Preliminary Matter

Privacy and Personal Information Protection Act 1998 LEGISLATION CITED : Local Government Act 1993 Environmental Planning and Assessment Act 1979

NSW Fire Brigades [2005] NSW ADT 73 CASES CITED: WL v Randwick City Council [2007] NSW ADTAP 58 Vice- Chancellor Macquarie University v FM [2005] NSWCA 192

Applicant Representative: In person REPRESENTATION: Respondent Representative: P Crennan, solicitor

1. I find that points 1, 2, 3 and 4 contain personal information about OS within the meaning of s 4(1) of the Privacy and Personal Information Protection Act 1998 which information is not excluded from the definition of personal information by s 4(3)(b). ORDERS: 2. I find that point 5 does not contain personal information about OS within the meaning of s 4(1) of the Privacy and Personal Information Protection Act 1998. The Tribunal has no jurisdiction with respect to the OS' complaints relating to that information. 3. I find that point 6 contains personal information about OS within the meaning of s 4(1) of the Privacy and Personal Information Protection Act 1998. I decline to determine whether that information is excluded from the definition of personal information by s 4(3)(b), without further evidence and submissions. 4. I direct that this matter be listed for a further planning meeting before me at a time and date to be fixed at which the further progress of the matter will be discussed and any necessary directions made.