AEC v Commissioner of Police, NSW Police Force [2012] NSWADT 4

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AEC v Commissioner of Police, NSW Police Force [2012] NSWADT 4 Hearing dates: On the papers Decision date: 18 January 2012 Jurisdiction: General Division Before: N Isenberg, Judicial member Decision: 1. The Tribunal has jurisdiction to entertain the application for review. 2. The matter is listed for planning meeting on 28 February 2012 at 2pm. Legislation Cited: Privacy and Personal information Protection Act 1998, Cases Cited: EM v Department of Education and Training (No 2) [2010] NSWADT 141 Department of Education and Training v EM [2011] NSWADTAP 4 BQ v Commissioner of Police, NSW Police Service [2002] NSWADT 64 LN v Sydney South West Area Health Service [2010] NSWADTAP 36 Category: Interlocutory applications Parties: AEC (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: AEC (Applicant in person) Frank Gaha NSW Police Force (Respondent) Privacy Commissioner of NSW File Number(s): 113170

reasons for decision

Background 1The Applicant "AEC" is seeking review by the Tribunal under the provisions of the Privacy and Personal information Protection Act 1998, (PPIP Act) of the Respondent's conduct alleged to have occurred between February 2010 and June 2010 which he alleges breached his privacy. 2The Respondent, relying on section 53(d) of the PPIP Act, declined to accept the Applicant's initial complaint/application for internal review because at the time of receipt of the Applicant's application in March 2011, more than six months had elapsed since the conduct which the Applicant alleged breached his privacy. The Applicant subsequently applied to the Tribunal for a review of the Respondent's refusal to deal with his application. 3The matter was listed for a Planning Meeting on 2 August 2011. The Respondent objected to the jurisdiction of the Tribunal to entertain the review application. The parties were invited to make submissions and agreed that the Tribunal would make its decision in relation to this issue on an interlocutory basis, and on the papers.