AEC v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 30

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AEC v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 30 Hearing dates: 4 June 2013 Decision date: 09 July 2013 Jurisdiction: Appeal Panel - Internal Before: Judge K P O'Connor, President P Molony, Judicial Member Z Antonios, Non-judicial Member Decision: 1. Appeal dismissed. 2. Tribunal's order is corrected to: The application for review of the respondent's conduct is dismissed for want of jurisdiction. Catchwords: JURISDICTION - PRIVACY - Disclosure by Police of complainant's old criminal record to another person - Whether Privacy and Personal Information Protection Act 1998 applicable to Police Force - Tribunal held not - Appeal - Construction and application of section 27 - Appeal dismissed. Privacy and Personal Information Protection Act 1998, s 27 Legislation Cited: Criminal Records Act 1991 Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Police Act 1990 Privacy and Personal Information Protection Act 1998 State Records Act 1998 Cases Cited: AEC v Commissioner of Police, NSW Police Force [2012] NSWADT 4 AEC v NSW Police Force (No 2) [2013] NSWADT 32 Commissioner of Police New South Wales v "N" [2003] NSWSC 943 Commissioner of Police, NSW Police Force v YK [2008] NSWADTAP 78 Director-General, Department of Education and Training v MT (2006) 67 NSWLR 237 Rodriguez v United States (1987) 480 US 522 Category: Principal judgment Parties: AEC (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: P Timmins (agent for Appellant) J McDonnell, Crown Solicitor's Office (Respondent) File Number(s): 139009 Decision under appeal Jurisdiction: 9108 Citation: AEC v NSW Police Force (No 2) [2013] NSWADT 32 Date of Decision: 2013-02-07 00:00:00 Before: General Division File Number(s): 113170, 123111