APV and APW v Department of Family and Community Services [2015] NSWCATAD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: APV and APW v Department of Family and Community Services [2015] NSWCATAD 140 Hearing dates: 23 February 2015 Decision date: 06 July 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Isenberg, Senior Member Decision: The Tribunal finds that the respondent breached s.8 and s.9 of the PPIP Act in relation to the collection of the applicants' personal information from the DRIVES database.

Orders The respondent is to provide an apology to the applicants. If within 14 days of today's date the parties are unable to agree to the terms of an apology, the matter is to be listed for directions. Catchwords: Privacy – DRIVES database – suspicion of fraud Damages – nexus with conduct required Legislation Cited: Privacy and Personal Information Protection Act 1998 Crimes Act 1900 Housing Act 2001 Real Property Act 1900 Civil and Administrative Tribunal Act 2013 Cases Cited: WL v Randwick City Council [2007] NSWADTAP 58 NX v Office of the Director of Public Prosecutions [2005] NSWADT 74 PN v Department of Education and Training [2009] NSWADT 287 PN v Department of Education and Training [2010] NSWADTAP 59 AKL v University of Western Sydney [2013] NSWADT 147 NK v Northern Sydney Central Coast Area Health Service (No 2) [2011] NSWADT 81 FM v Department of Community Services [2008] NSWADT 288 HP v Hunter New England Area Health Services [2009] NSWADT 186 AHG v Snowy River Shire Council [2012] NSWADT 152 MH v NSW Maritime [2011] NSWADT 248 JS v Snowy River Shire Council [2010] NSWADT 247 JD v Director-General, NSW Department of Health (No. 2) [2007] NSWADT 256 SW v Forests NSW [2006] NSWADT 74 FM v Vice Chancellor, Macquarie University [2003] NSWADT 78 JD v NSW Medical Board (No 2) [2006] NSWADT 345 Cianfrano v Premier's Department [2008] NSWADT 102 Texts Cited: Department of Housing Privacy Code of Practice Direction on Processing of Personal Information by Public Sector Agencies in relation to their Investigative Functions Category: Principal judgment Parties: APV and APW (Applicants) Department of Family and Community Services (Respondent) Representation: Counsel: H Pintos-Lopez (Applicant) Z Heger (Respondent) Solicitors: Gilbert +Tobin Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1330076