DQP v Commissioner of Police, NSW Police Force [2019] NSWCATAD 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DQP v Commissioner of Police, NSW Police Force [2019] NSWCATAD 201 Hearing dates: 17 June 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) Pursuant to s 55 (2) of the PPIP Act, on reviewing the conduct of the respondent public sector agency, the Tribunal decides not to take any action on the matter. (2) The decision of the respondent is affirmed. Catchwords: ADMINISTRATIVE LAW - Privacy – Personal Information – disclosure – whether respondent exempt from privacy provision – whether safeguards sufficient – whether nature of action taken sufficient – evidence to establish loss and damage – insufficiency of evidence – nature of evidence Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Privacy and Personal Information Protection Act 1998 Privacy Act 1988 (Cth) Cases Cited: BZX, BZY, BZZ v Western Sydney Local Health District [2015] NSWCATAD 2010 CTU v NSW Police Force [2017] NSWCATAD 204 DK and Telstra Corporation Limited [2014] AICmr 118 GR v Department of Housing (No 2) [2005] NSWADT 301 FH v Commissioner, New South Wales Department of Corrective Services [2003] NSWADT 72 JD v Medical Board (No 2) [2006] NSWADT 345 LB v Comcare (Privacy) [2017] AICmr 28 RD v Department of Education and Training [2005] NSW ADT 195 SF v Shoalhaven City Council [2013] NSWADT 94 XW v Department of Education and Training [2009] NSWADT 73 Texts Cited: None cited Category: Principal judgment Parties: DQP (Applicant) Commissioner of Police NSW Police Force (Respondent) Representation: Solicitors: Applicant: (Self Represented) Crown Solicitor (Respondent) File Number(s): 2018/00360672 Publication restriction: Section 64 (1) of the Civil and Administrative Tribunal Act 2013 prohibiting or restricting the disclosure of the name of the applicant.