DBT v DJG [2018] NSWCATAD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DBT v DJG [2018] NSWCATAD 102 Hearing dates: 15 December 2017 Date of orders: 18 May 2018 Decision date: 18 May 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: 1. The application is dismissed. Catchwords: ADMINISTRATIVE REVIEW – privacy – conduct of agency – whether disclosure of personal information – insufficient evidence to make finding of fact Legislation Cited: Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: BYW v Commissioner of Police, NSW Police Force [2015] NSWCATAP 270 Department of Education and Training v GA (No.3) [2004] NSWADTAP 50 NS v Commissioner, Department of Corrective Services [2004] NSWADT 263 Category: Principal judgment Parties: DBT (Applicant) DJG (Respondent) Representation: Counsel: D Robertson (Respondent)

Solicitors: Applicant (self-represented) Hall & Wilcox Lawyers (Respondent) File Number(s): 2017/00137537 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 the names of the applicant and respondent are not to be disclosed.

REASONS FOR DECISION

The application 1. This is an application under the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act). The applicant, DBT, is a former employee of a Council in the Sydney region who seeks review of a decision that the Council did not breach the applicant's privacy by disclosing his personal information. In proceedings under the PPIP Act the names of the applicant and witnesses are generally anonymised to prevent identification of the applicant. In this matter I have also anonymised the name of the respondent Council as, in the particular circumstances of this case, disclosure of the respondent may lead to the ready identification of the applicant.