DMW and DMX v NSW Local Land Services [2019] NSWCATAD 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMW and DMX v NSW Local Land Services [2019] NSWCATAD 128 Hearing dates: 17 December 2018 Date of orders: 02 July 2019 Decision date: 02 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The Tribunal determines to take no further action on the matter Catchwords: Administrative Law – privacy and personal information – disclosure of personal information - whether agency exempt from compliance with information protection principle Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Privacy and Personal Information Protection Act 1998 Local Land Services Act 2013 Cases Cited: SB v Roads and Traffic Authority [2010] NSWADT 255 ZR v Department of Education and Training (GD) [2010] NSWADTAP 75 Texts Cited: Nil Category: Principal judgment Parties: DMW (First Applicant) DMX (Second Applicant) NSW Local Land Services (Respondent) Representation: DMW and DMX (Applicants in person)

Solicitors: Crown Solicitor (Respondent) File Number(s): 2018/00213209 Publication restriction: The names of the applicants are not to be disclosed in relation to these proceedings

Reasons for Decision

Introduction 1. In these reasons the names of some private individuals have been anonymised so as to preserve the privacy of their personal affairs. The Applicants are referred to as DMW and DMX. I have also limited my discussion of the evidence in order to avoid the possibility that the identities of individuals might be revealed. 2. These proceedings concern the question of whether the NSW Local Land Services ("the Respondent" or "the LLS") breached the Applicants' privacy under the Privacy and Personal Information Protection Act 1998 ("the PPIP Act") following an inquiry from DMW.