CP -v- New South Wales Ombudsman [2002] NSWADT 103

CP -v- New South Wales Ombudsman [2002] NSWADT 103

The Administrative Decisions Tribunal has jurisdiction to review the conduct of the Ombudsman's Office under s 55 of the PPIPA notwithstanding the immunity conferred by s 35A of the Ombudsman Act 1974, as the PPIPA is a later, specific statute providing an integrated scheme of obligations and review rights that modifies the general immunity provision for this limited purpose.

Jurisdiction
Australia
Judgment Date
20 June 2002
Procedural Posture
Jurisdictional Objection/preliminary Matter / Preliminary Determination on Jurisdiction
Outcome
Objection to jurisdiction dismissed; application to be relisted for further directions
Legal Topics
['jurisdiction of Tribunal Under Privacy and Personal Information Protection Act 1998' 'immunity Provisions in Ombudsman Act 1974' "review of Disclosure of Personal Information by Ombudsman's Office"]
['administrative Law' 'privacy Law'] ['jurisdiction of Tribunal Under Privacy and Personal Information Protection Act 1998' 'immunity Provisions in Ombudsman Act 1974' "review of Disclosure of Personal Information by Ombudsman's Office"]

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Procedural Posture

Jurisdictional Objection/preliminary Matter / Preliminary Determination on Jurisdiction

Legal Issues

  1. 1 ["Whether the Administrative Decisions Tribunal has jurisdiction to review a decision of the Ombudsman's Office regarding alleged disclosure of personal information" 'Whether the immunity provided by s 35A of the Ombudsman Act 1974 excludes Tribunal review under the Privacy and Personal Information Protection Act 1998']

Ratio Decidendi

The Administrative Decisions Tribunal has jurisdiction to review the conduct of the Ombudsman's Office under s 55 of the PPIPA notwithstanding the immunity conferred by s 35A of the Ombudsman Act 1974, as the PPIPA is a later, specific statute providing an integrated scheme of obligations and review rights that modifies the general immunity provision for this limited purpose.

Court Disposition

Objection to jurisdiction dismissed; application to be relisted for further directions

Orders

  • ['The objection to jurisdiction is dismissed.' 'The application is to be relisted for further directions.']