DHU v Commissioner of Police, NSW Police Service [2018] NSWCATAP 282

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DHU v Commissioner of Police, NSW Police Service [2018] NSWCATAP 282 Hearing dates: 3 August 2018 Date of orders: 28 November 2018 Decision date: 28 November 2018 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member Dr J Lucy, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEALS – Administrative Review – where, in 2018, the appellant made an application for external review of the conduct of the respondent under s 55(1) of the Privacy and Personal Information Protection Act 1998 (PPIP Act) –where, on the application of the respondent the Tribunal dismissed the appellant's application as it found that the appellant's 2016 complaint to the respondent was not a request for internal review under s 53(1) of the PPIP Act - whether dismissal decision interlocutory or ancillary – whether Tribunal erred in dismissing the appellant's application – no error found Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2014 (NSW) Civil Procedure Act 2005 (NSW) Criminal Records Act 1991 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AQO v Minister for Finance and Services [2016] NSWCA 248 CCM v University of Western Sydney [2016] NSWCATAP 18 Collins v Urban [2014] NSWCATAP 17 CYL v YZA [2017] NSWCATAP 105 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Pearce v AQO [2015] NSWCATAP 162 PC v University of New South Wales (GD) [2005} NSWADTAP 72 Spicer v Owners Corporation SP 64558 [2016] NSWCATAP 11 Y v Director General, Department of Education & Training [2001] NSWADT 149 Texts Cited: Nil Category: Principal judgment Parties: DHU (Appellant) Commissioner of Police, NSW Police (Respondent) Representation: Counsel: H Mann (Appellant) J Edwards (Respondent) File Number(s): AP 18/24673 Publication restriction: The publication of the name of the appellant is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2018] NSWCATAD 126 Date of Decision: 30 April 2018 Before: S Montgomery, Senior Member File Number(s): 2018/0035900