CGG v Commissioner of Police, NSW Police Force [2017] NSWCATAD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CGG v Commissioner of Police, NSW Police Force [2017] NSWCATAD 29 Hearing dates: On the papers Date of orders: 20 January 2017 Decision date: 20 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The second applicant's application is dismissed. (2) The Tribunal takes no action on the matter of the first applicant's application. Catchwords: PRIVACY – Retention by Commissioner of Police of fingerprints obtained for security licensing purposes under the Security Industry Act 1997 (NSW) – Second applicant failed to apply for internal review – Tribunal lacks jurisdiction in respect of second applicant's application - Whether Commissioner exempt from compliance with amendment principle – Security Industry Act provides that Commissioner may use fingerprints obtained under that Act for any purpose and confers discretion to refuse application for destruction of fingerprints - Whether Security Industry Act reasonably contemplates non-compliance with obligation to delete personal information upon request where not relevant to purposes of collection and use - Whether Commissioner has contravened obligation to ensure first applicant's personal information kept for no longer than is necessary for the purposes for which it may lawfully be used – Whether power in Security Industry Act to use fingerprints for any purpose authorises use for purposes extraneous to that Act Legislation Cited: Privacy and Personal Information Protection Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Security Industry Act 1997 (NSW) Administrative Decisions Review Act 1997 (NSW) Police Act 1990 (NSW) Cases Cited: Brownells Ltd v Ironmongers' Wages Board & the Drapers' Wages Board (1950) 81 CLR 108 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997 Pitt v OneSteel Reinforcing Pty Limited [2008] FCA 923 Police v Clayton-Smith (2010) 107 SASR 261; [2010] SASC 127 R v Toohey; Ex parte Northern Land Council (1981) 151 CLR 170 Roncarelli v Duplessis [1959] SCR 121 Shire of Swan Hill v Bradbury (1937) 56 CLR 746 Category: Principal judgment Parties: CGG (First Applicant) CGH (Second Applicant) Commissioner of Police, NSW Police Force (Respondent) Privacy Commissioner (exercising statutory right to appear) Representation: Solicitors: CGG (First Applicant in person) CGH (Second Applicant in person) Crown Solicitors Office (Respondent) Information and Privacy Commission (Privacy Commissioner) File Number(s): 1510707 Publication restriction: The disclosure of the names of the applicants and any information likely to lead to their identification is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW)