ALZ v Lismore City Council [2013] NSWADT 154

ALZ v Lismore City Council [2013] NSWADT 154

The Tribunal accepted ALZ's evidence that before 15 October 2012 she was not aware that she was entitled to seek an internal review from the Respondent and found that she made her internal review application on 17 October 2012 within the time prescribed under the Privacy and Personal Information Protection Act 1998....

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 July 2013
Procedural Posture
Privacy and Personal Information Review Under the Privacy and Personal Information Protection Act 1998 / Interlocutory Application/preliminary Issue on Jurisdiction, Decided on the Papers
Outcome
Matter remitted to the Respondent for further consideration; Tribunal found it had jurisdiction.
Legal Topics
['privacy and Personal Information Protection Act 1998' 'internal Review by Public Sector Agency' 'time Limit for Internal Review Application' 'tribunal Jurisdiction' 'remittal for Further Consideration']
['administrative Law' 'privacy Law'] ['privacy and Personal Information Protection Act 1998' 'internal Review by Public Sector Agency' 'time Limit for Internal Review Application' 'tribunal Jurisdiction' 'remittal for Further Consideration']

Source-derived case record

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Procedural Posture

Privacy and Personal Information Review Under the Privacy and Personal Information Protection Act 1998 / Interlocutory Application/preliminary Issue on Jurisdiction, Decided on the Papers

Legal Issues

  1. 1 ['Whether ALZ made her application for internal review within the prescribed time required by s 53(3)(d) of the Privacy and Personal Information Protection Act 1998.' 'Whether the Respondent allowed a later date for the internal review application under s 53(3)(d) of the Privacy and Personal Information Protection Act 1998.' "Whether the Tribunal had jurisdiction to hear and determine ALZ's application for review." 'Whether matters raised in the Tribunal application were outside the matters that were the subject of the internal review application.']

Ratio Decidendi

The Tribunal accepted ALZ's evidence that before 15 October 2012 she was not aware that she was entitled to seek an internal review from the Respondent and found that she made her internal review application on 17 October 2012 within the time prescribed under the Privacy and Personal Information Protection Act 1998. The Tribunal therefore had jurisdiction. Because the Respondent had not considered the merits of the first part of the internal review application, the matter was remitted for further consideration limited to matters that were the subject of the internal review application.

Court Disposition

Matter remitted to the Respondent for further consideration; Tribunal found it had jurisdiction.

Orders

  • ['The matter is remitted for further consideration by the Respondent pursuant to section 65 of the Administrative Decisions Tribunal Act 1997.' 'The further consideration is to be completed within 60 days from the date of these reasons.' 'The matter is listed for a further planning meeting at 10 am on Tuesday 10...