ALZ v Lismore City Council [2016] NSWCATAD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ALZ v Lismore City Council [2016] NSWCATAD 20 Hearing dates: 8 July 2015; 2 September 2015 Date of orders: 02 February 2016 Decision date: 02 February 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery - Senior Member Decision: 1. The Tribunal has no jurisdiction to review those aspects of part (a) of the application to which the section 41 Direction applies. The Tribunal determines to take no further action in regard to the remainder of part (a) of the application. 2. Part (b) of the application is dismissed for want of jurisdiction. 3. Part (c) of the application is remitted for redetermination by the Council. The review is to be completed within 60 days from the date of this decision. The matter is listed for a further planning meeting on Tuesday 19 April 2016 at 9.30 am. Catchwords: Privacy – personal information - jurisdiction Legislation Cited: Privacy and Personal Information Protection Act 1998 Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Cases Cited: AET v Western NSW Local Health District AET v Rural and Remote Medical Services t/as Gulgong Medical Centre [ 2012] NSWADT 77: AQG v Crown Solicitor's Office [2015] NSWCATAD 112 BCR v Consumer, Trader & Tenancy Tribunal [2014] NSWCATAD 79 Coco v R [1994] HCA 15 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street [2008] HCA 36 NZ v Attorney General's Department [2005] NSWADT 103 ZR v Department of Education and Training [2010] NSWADTAP 75 Texts Cited: Direction on Processing of Personal Information by Public Sector Agencies in relation to their Investigative Functions Category: Procedural and other rulings Parties: ALZ (Applicant) Lismore City Council (Respondent) Representation: Solicitors: ALZ (Applicant in person) Local Government NSW (Respondent) File Number(s): 1410345