BN v Hornsby Shire Council [2012] NSWADT 165

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: BN v Hornsby Shire Council [2012] NSWADT 165 Decision date: 13 August 2012 Jurisdiction: General Division Before: S. Higgins, Deputy President Decision: 1.Within 28 days of the date of this decision, the respondent is to provide the applicant with a written apology for having engaged in conduct that contravened the disclosure information protection principle set out in subsection 18(2) of the PPIP Act when it published, on its website, the 10 December 2010 letter of the Deputy Ombudsman to him and the report of Mr Ball, GM5/11, to the extent it contained BN's personal information. 2.The respondent to the respondent take all necessary steps to ensure that it does not in future disclose or publish personal information about BN that it holds, unless that disclosure or publication is in accordance with information protection principles of the PPIP Act. 3.There will be no order for costs unless BN files and serves an application for costs, together with supporting submissions and evidence of any legal costs incurred in the prosecution of these proceedings, within 21 days of the date of this decision. 4.In the event BN files and serves an application for cost in compliance with order 2, the respondent to file and serve submissions in response within a further 21 days. 5. Any question of costs so raised will be determined on the papers under section 76 of the Administrative Decisions Tribunal Act 1997. Catchwords: Privacy - personal information - external review of conduct of a public sector agency - alleged contravention of an information protection principal in regard to use and disclosure of personal information - whether information is personal information Legislation Cited: Administrative Decisions Tribunal Act 1997 Local Government Act 1993 Ombudsman Act 1974 Privacy and Personal Information Protection Act 1998 Cases Cited: Crewdson v Central Sydney AHS [2002] NSWCA 345 GA v The University of Sydney (GD) [2010] NSWADTAP 31 WL v Randwick City Council [2007] NSWADTAP 26 Category: Principal judgment Parties: BN (Applicant) Hornsby Shire Council (Respondent) Representation: BN (Applicant in person) Storey and Gough Lawyers (Respondent) File Number(s): 113158