EEC v Federation Council [2020] NSWCATAD 169

EEC v Federation Council [2020] NSWCATAD 169

It would be unfair and unjust not to extend time for the applicant to seek administrative review given the delay was explained, the Federation Council did not provide a timely review decision, and the respondent would not suffer prejudice. The internal review provided by the respondent was inadequate and further hearing is required to address the substantive application.

Parties
Applicant: EEC; Respondent: Federation Council
Jurisdiction
Australia
Judgment Date
02 July 2020
Procedural Posture
Administrative Review / Interlocutory (extension of Time; Listing for Further Hearing)
Outcome
Extension of time granted for administrative review; matter listed for hearing.
Legal Topics
Extension of Time, Administrative Review, Internal Review of Privacy Complaint, Practice and Procedure
Administrative Law Privacy Law Extension of Time Administrative Review Internal Review of Privacy Complaint Practice and Procedure

Case Brief

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Parties

EEC

Applicant

Federation Council

Respondent

Procedural Posture

Administrative Review / Interlocutory (extension of Time; Listing for Further Hearing)

Legal Issues

  1. 1 Whether an extension of time should be granted for an administrative review application lodged out of time
  2. 2 Whether the substantive privacy complaint can be determined without a hearing
  3. 3 Adequacy of the internal review process by Federation Council under the Privacy and Personal Information Protection Act 1998

Ratio Decidendi

It would be unfair and unjust not to extend time for the applicant to seek administrative review given the delay was explained, the Federation Council did not provide a timely review decision, and the respondent would not suffer prejudice. The internal review provided by the respondent was inadequate and further hearing is required to address the substantive application.

Court Disposition

Extension of time granted for administrative review; matter listed for hearing.

Orders

  • Disclosure of the applicant's name or identifying material is prohibited under s 64(1) Civil and Administrative Tribunal Act 2013.
  • Hearing is dispensed with regarding the extension of time issue.