AEZ v Commissioner of Police. NSW Police Force (No 2) [2013] NSWADT 91

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AEZ v Commissioner of Police. NSW Police Force (No 2) [2013] NSWADT 91 Hearing dates: On the papers Decision date: 29 April 2013 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: The application is dismissed. Catchwords: Privacy and Personal Information Protection - Legislation Cited: Police Act 1900 Privacy and Personal Information Protection Act 1998 Cases Cited: ACP v Commissioner of Police, NSW Police Force [2011] NSWADT 249 Commissioner of Police v N [2003] NSWSC 943 Commissioner of Police, New South Wales v YK (GD) [2008] NSWADTAP 78 GA v Commissioner of Police, NSW Police [2005] NSWADT 121 HW v Commissioner of Police, New South Wales Police Service and Anor [2003] NSWADT 214 Category: Principal judgment Parties: AEZ (Applicant) Commissioner of Police. NSW Police Force (Respondent) Representation: AEZ (Applicant in person) Sparke Helmore (Respondent) File Number(s): 113230

reasons for decision

Background 1On 12 August 2011 AEZ filed an application with the Tribunal seeking a review of conduct by the Commissioner of Police, NSW Police Force (the Agency) under the Privacy and Personal Information Protection Act 1998. 2In March 2011 AEZ had applied to the Agency to delete information concerning her in connection with an AVO application made by Police, which had been withdrawn at hearing. She sought to have four COPS Event Summaries "deleted without trace" under s 15 of the PPIP Act. On 9 May 2011 the Agency refused to make those deletions on the ground that s 27 of the Act provides that the Agency, except when exercising its administrative or educative functions, is exempt from the PPIP Act. That decision was confirmed on internal review by the Agency. 3If that decision is correct then the Tribunal has no jurisdiction because the PPIP Act does not apply.