ALZ v Lismore City Council [2013] NSWADT 154

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ALZ v Lismore City Council [2013] NSWADT 154 Hearing dates: On the papers Decision date: 08 July 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The matter is remitted for further consideration by the Respondent pursuant to section 65 of the Administrative Decisions Tribunal Act 1997. 2. The further consideration is to be completed within 60 days from the date of these reasons. 3. The matter is listed for a further planning meeting at 10 am on Tuesday 10 September 2013. Catchwords: Privacy and Personal Information - jurisdiction - whether internal review application out of time. Legislation Cited: Administrative Decisions Tribunal Act 1997 Privacy and Personal Information Protection Act 1998 Category: Interlocutory applications Parties: ALZ (Applicant) Lismore City Council (Respondent) Representation: ALZ (Applicant in person) R Massif, (Agent for Respondent) Privacy Commissioner File Number(s): 133039

reasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): In these reasons the name of the Applicant has been anonymised so as to preserve the privacy of her personal affairs. The Applicant is referred to as ALZ. I have also limited my discussion of the evidence in order to avoid the possibility that the identities of individuals might be revealed. 2ALZ is seeking review by the Tribunal under the provisions of the Privacy and Personal Information Protection Act 1998 ("the PPIP Act") in relation to alleged conduct by the Respondent. The conduct is alleged to have occurred on separate occasions in February 2012 ("the February conduct") and August 2012 ("the August conduct"). 3The Respondent contends that the Tribunal has no jurisdiction to hear and determine ALZ's application. In relation to the February conduct it asserts that ALZ failed to make her application for internal review under the PPIP Act within the time prescribed in that Act. The Respondent has also raised the issue of the scope of the application to the tribunal and that it concerns matters that were not the subject of the internal review application. 4ALZ contends that she did make her internal review application within the prescribed time and even if it was made outside the prescribed time (which was not admitted) the Respondent had accepted her internal review request and having accepted the request the Respondent was bound to deal with the request. ALZ further contends that as the Respondent failed to determine the request within the prescribed time this gave rise to the Tribunal having jurisdiction to hear and determine her application. 5The question as to whether the Tribunal has jurisdiction to hear and determine ALZ's application is to be determine as a preliminary issue.