CRE v Blacktown City Council [2017] NSWCATAD 285

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CRE v Blacktown City Council [2017] NSWCATAD 285 Hearing dates: 8 May 2017 Date of orders: 19 October 2017 Decision date: 19 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: DAC Robertson, Senior Member Decision: The Tribunal decides, pursuant to s55(2) of the Privacy and Personal Information Protection Act 1998 (NSW), to take no action in this matter Catchwords: ADMINISTRATIVE REVIEW – Privacy and Personal Information Protection Act – disclosure of contact information to principal certifying authority – whether internal review could be conducted by consultant retained for that purpose – allegations of bias and partiality on part of Council employees – whether practicable for review to be conducted by an employee or officer of the Council. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Environmental Planning and Assessment Regulations 2000 Government Information (Public Access) Act 2009 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Environmental Planning & Assessment Act 1979 Government Information (Public Access) Health Records and Information Privacy Act 2002 Cases Cited: AQK v Commissioner of Police, NSW Police Force [2014] NSWCATAD 55 BXK v Western Sydney University [2016] NSWCATAD 235 CNC v NSW Police Force [2017] NSWCATAD 95 HWE Mining Pty Ltd v Robertson [2015] WACA 26 KO & KP v Commissioner of Police, NSW Police (GD) [2005] NSWADTAP 56 NATB & Ors v Minister for Immigration and Multicultural and Indigenous Affairs (2003) FCR 506; [2003] FCAFC 292. Robertson v HWE Mining Pty Ltd [2014] WASC 1 Category: Principal judgment Parties: CRE (Applicant) Blacktown City Council (Respondent) Privacy Commissioner (Interested Party) Representation: Solicitors: Applicant in person Sparke Helmore (Respondent) Privacy Commissioner (Interested Party) File Number(s): 2016/00378251 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant and the name of any other person that would identify the name of the applicant is not to be published or broadcast without the leave of the Tribunal.