ECR v NSW Trustee and Guardian [2021] NSWCATAD 341

ECR v NSW Trustee and Guardian [2021] NSWCATAD 341

The Tribunal found that the Respondent did not breach the Information Protection Principles as alleged by ECR; no personal information was collected, used, or disclosed in the asserted instances contrary to the Act, and any disclosures or uses were authorised and in furtherance of statutory guardianship functions.

Jurisdiction
Australia
Judgment Date
15 November 2021
Procedural Posture
Administrative Review / Final Determination
Outcome
Application dismissed
Legal Topics
['information Protection Principles' 'personal Information' 'internal Review' 'guardianship']
['administrative Law' 'privacy Law'] ['information Protection Principles' 'personal Information' 'internal Review' 'guardianship']

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether Respondent contravened Information Protection Principles under Privacy and Personal Information Protection Act 1998 (NSW)' "Whether Respondent collected, used or disclosed ECR's personal information unlawfully or improperly"]

Ratio Decidendi

The Tribunal found that the Respondent did not breach the Information Protection Principles as alleged by ECR; no personal information was collected, used, or disclosed in the asserted instances contrary to the Act, and any disclosures or uses were authorised and in furtherance of statutory guardianship functions.

Court Disposition

Application dismissed

Orders

  • ['The name of the respondent is amended to read NSW Trustee and Guardian pursuant to s53 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'The application is dismissed.' 'An order pursuant to s64(1)(a) Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the disclosure of the name of ECR.' 'Pursuant...