CWQ v Department of Family and Community Services [2017] NSWCATAD 252

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CWQ v Department of Family and Community Services [2017] NSWCATAD 252 Hearing dates: 14 July 2017 Date of orders: 16 August 2017 Decision date: 16 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: 1. The decision under review is affirmed. 2. The Tribunal has decided not to take any action on the matter. Catchwords: PRIVACY – personal information – handling of complaint – response to complainant – whether information disclosed accurate – whether disclosure permitted by Act - whether respondent an investigative agency Legislation Cited: Housing Act 2001 Privacy and Personal Information Protection Act 1998 Residential Tenancies Act 2010 Category: Principal judgment Parties: CWQ (Applicant) Department of Family and Community Services (Respondent) Representation: Solicitors: In Person (Applicant) Department of Family and Community Services (Respondent) File Number(s): 2016/00378547, 1610800

REASONS FOR DECISION 1. The Department of Family and Community Services (FaCS), through the agency Housing NSW, provides social housing to tenants in NSW. CWQ is a social housing tenant. CWQ alleges that his privacy has been breached in the way a complaint about him was dealt with by FaCS. He seeks review by the Tribunal of a decision of FaCS that it was permitted to disclose the relevant information in accordance with the provisions of the Privacy and Personal Information Protection Act 1998 ("the Act").