The Ombudsman v Koopman & Anor [2003] NSWCA 277

The Ombudsman v Koopman & Anor [2003] NSWCA 277

The application under s. 55 of the Privacy and Personal Information Protection Act 1998 (NSW) involved civil proceedings in respect of acts or omissions done for the purpose of executing the Ombudsman Act 1974 (NSW). Because those proceedings were brought against the Ombudsman or the Ombudsman's Office without first obtaining leave of the Supreme Court as required by s. 35A(2) of the Ombudsman Act, and because the PPIP Act did not expressly or impliedly repeal that requirement, the Tribunal's conclusion that it had jurisdiction was untenable.

Jurisdiction
Australia
Judgment Date
29 September 2003
Procedural Posture
Administrative Law Judicial Review Concerning Administrative Decisions Tribunal Jurisdiction / Court of Appeal Review of a Decision of O'connor DCJ Sitting as President of the Administrative Decisions Tribunal
Outcome
Appeal allowed.
Legal Topics
['judicial Review' 'administrative Decisions Tribunal Jurisdiction' 'ombudsman Act Immunity' 'privacy and Personal Information Protection Act Review Proceedings' 'implied Repeal']
['administrative Law' 'privacy Law'] ['judicial Review' 'administrative Decisions Tribunal Jurisdiction' 'ombudsman Act Immunity' 'privacy and Personal Information Protection Act Review Proceedings' 'implied Repeal']

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Procedural Posture

Administrative Law Judicial Review Concerning Administrative Decisions Tribunal Jurisdiction / Court of Appeal Review of a Decision of O'connor DCJ Sitting as President of the Administrative Decisions Tribunal

Legal Issues

  1. 1 ["Whether s. 35A of the Ombudsman Act 1974 (NSW) deprived the Administrative Decisions Tribunal of jurisdiction to hear Mr Koopman's application under s. 55 of the Privacy and Personal Information Protection Act 1998 (NSW)." 'Whether the Privacy and Personal Information Protection Act 1998 (NSW) expressly or impliedly repealed or modified s. 35A of the Ombudsman Act 1974 (NSW).' "Whether proceedings brought under s. 55 of the Privacy and Personal Information Protection Act 1998 (NSW) against the Ombudsman or the Ombudsman's Office were civil proceedings requiring leave of the Supreme Court under s. 35A(2) of the Ombudsman Act 1974 (NSW)."]

Ratio Decidendi

The application under s. 55 of the Privacy and Personal Information Protection Act 1998 (NSW) involved civil proceedings in respect of acts or omissions done for the purpose of executing the Ombudsman Act 1974 (NSW). Because those proceedings were brought against the Ombudsman or the Ombudsman's Office without first obtaining leave of the Supreme Court as required by s. 35A(2) of the Ombudsman Act, and because the PPIP Act did not expressly or impliedly repeal that requirement, the Tribunal's conclusion that it had jurisdiction was untenable.

Court Disposition

Appeal allowed.

Orders

  • ["Orders 1-5 as set out in the claimant's summons."]