BPW v Roads and Maritime Services [2015] NSWCATAD 94

BPW v Roads and Maritime Services [2015] NSWCATAD 94

Neither the letter dated 19 June 2014 nor the letter dated 28 November 2014 was a competent s53 application for internal review under PPIPA. Each was properly construed as a request that RMS change its substantive decision about the suspension period and then amend the licence record, rather than as an allegation of a contravention of PPIPA requiring alteration of inaccurate, irrelevant, out of date, incomplete or misleading personal information. In the absence of a competent internal review application, the applicant had no entitlement to administrative review under PPIPA, the conditions in s55(4) of the Administrative Decisions Review Act 1997 were not met, and the application for...

Jurisdiction
Australia
Judgment Date
12 May 2015
Procedural Posture
Application for Administrative Review Under the Privacy and Personal Information Protection Act 1998 / Application for Extension of Time and Jurisdictional Submissions
Outcome
The applicant's application for an extension of time was refused and the application for administrative review was dismissed.
Legal Topics
['extension of Time' 'internal Review Requirement' 'alteration of Personal Information' 'driver Licence Suspension Record' 'tribunal Jurisdiction']
['privacy' 'administrative Law'] ['extension of Time' 'internal Review Requirement' 'alteration of Personal Information' 'driver Licence Suspension Record' 'tribunal Jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Administrative Review Under the Privacy and Personal Information Protection Act 1998 / Application for Extension of Time and Jurisdictional Submissions

Legal Issues

  1. 1 ['Whether the applicant had made a competent application for internal review under s53 of the Privacy and Personal Information Protection Act 1998.' 'Whether time should be extended for the application for administrative review under s55 of the Privacy and Personal Information Protection Act 1998.' "Whether the Tribunal had jurisdiction under the Privacy and Personal Information Protection Act 1998 to require removal of the 4-19 June 2014 licence suspension from the applicant's record." 'Whether the Tribunal could deal with the matter under s55 of the Administrative Decisions Review Act 1997 despite no duly made internal review application.']

Ratio Decidendi

Neither the letter dated 19 June 2014 nor the letter dated 28 November 2014 was a competent s53 application for internal review under PPIPA. Each was properly construed as a request that RMS change its substantive decision about the suspension period and then amend the licence record, rather than as an allegation of a contravention of PPIPA requiring alteration of inaccurate, irrelevant, out of date, incomplete or misleading personal information. In the absence of a competent internal review application, the applicant had no entitlement to administrative review under PPIPA, the conditions in s55(4) of the Administrative Decisions Review Act 1997 were not met, and the application for...

Court Disposition

The applicant's application for an extension of time was refused and the application for administrative review was dismissed.

Orders

  • ['The application for an extension of time to file the application is not granted.' 'The application for administrative review is dismissed.']