KP v Narrandera Shire Council (GD) [2011] NSWADTAP 15

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: KP v Narrandera Shire Council (GD) [2011] NSWADTAP 15 Hearing dates: 9 December 2010 Decision date: 01 April 2011 Before: Magistrate N Hennessy, Deputy President S Montgomery, Judicial Member E Hayes, Non-Judicial Member Decision: 1. The Tribunal's decisions to take no action is set aside. 2. The matter is remitted to a differently constituted Tribunal to be heard and decided again with the hearing of further evidence. Catchwords: APPEAL - Privacy and Personal Information Protection Act - scope of Tribunal's jurisdiction - whether Tribunal bound to make a finding as to whether there has been a contravention of the Information Protection Principles before deciding to take no further action Legislation Cited: Administrative Decisions Tribunal Act 1997 Privacy and Personal Information Protection Act 1998 Government Information (Public Access) Act 2009 Powers of Attorney Act 2003 Cases Cited: KO and KP v Commissioner of Police, New South Wales Police (GD) [2005] NSWADTAP 56 AW v Vice Chancellor, University of Newcastle [2008] NSWADT 86 NW v New South Wales Fire Brigades (No 2) [2006] NSWADT 61 McDonald v Director-General of Social Security (1984) 1 FCR 354 NS v Commissioner, Department of Corrective Services [2004] NSWADT 263 Texts Cited: Williams CR, Burdens and Standards in Civil Litigation (2003) Sydney Law Review 9 Category: Principal judgment Parties: KP (Appellant) Narrandera Shire Council (Respondent) Representation: Counsel MA Robinson (Respondent) KP (Appellant - in person) Henningham Law (Respondent) File Number(s): 109022 Decision under appeal Before: General Division File Number(s): 093011