DKB v Commissioner of Police, NSW Police Force [2018] NSWCATAD 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DKB v Commissioner of Police, NSW Police Force [2018] NSWCATAD 193 Hearing dates: On the papers Date of orders: 24 August 2018 Decision date: 24 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: 1 It follows that DKB's claim insofar as it relates to the conduct of Detective Senior Constable Keremelevski's should be dismissed for want of jurisdiction. 2 Insofar, as it relates to the failure of the Police officer at Waverley to advise DKB of his right to seek access to information under the GIPA Act, and whether that constitutes a breach of s 13(c) of the PPIPA Act, I make the following directions: (1) If DKB does not wish to proceed with this aspect of his application for review he is to file and serve a letter advising of his intention to withdraw the application, no later than 7 September 2018. (2) This matter is to be listed for directions, in the directions list, after 10 September 2018, for the purpose of determining the future conduct of the issue. Catchwords: Administrative law – administrative review - Privacy and Personal Information Protection – scope of conduct complaint - creation of COPS Event by detective investigating crime - found not to be conduct to which Privacy and Personal Information Protection Act 1998 applies (s 25 and s 27) - creation of email responding to request for information received from Commissioner of Victim's Rights under s 12 of Victims Rights and Support Act 2013 - found not to be conduct to which IPPs apply (s 25) Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Police Act 1900 Privacy and Personal Information Protection Act 1998 Victims Rights and Support Act 2013 Cases Cited: AEC v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 30 AFC v The Sydney Children's Hospital Specialty Network (Randwick and Westmead) [2012] NSWADT 189 AIL v Department of Premier and Cabinet [2012] NSWADT 191 CTU v NSW Police Force [2017] NSWCATAD 204 PN v Department of Education and Training (GD) [2010] NSWADTAP 59 Category: Procedural and other rulings Parties: Applicant – DKB Respondent - Commissioner of Police, NSW Police Force Representation: Applicant in person Respondent – Office of General Counsel, NSW Police Force File Number(s): 2018/00082146 Publication restriction: The disclosure of the names of the applicant and any information likely to lead to his identification is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW)