EMQ v Cumberland City Council [2022] NSWCATAD 133

EMQ v Cumberland City Council [2022] NSWCATAD 133

Because the summons was a compulsory process of the Tribunal and non-compliance could constitute contempt, the respondent had a lawful excuse within s 159(1)(e) of the Children's Guardian Act 2009 to produce the documents to the Tribunal. Production under summons therefore would not constitute an offence under s 159(1), so the objection based on that provision was dismissed. The General Application was adjourned because of the applicant's pending request for pro bono assistance, the developing complexity caused by related GIPA Appeal proceedings, and the respondent's engagement of counsel.

Jurisdiction
Australia
Judgment Date
27 April 2022
Procedural Posture
Administrative Review Application Under S 55 of the Administrative Decisions Review Act 1997 and S 55(1) of the Privacy and Personal Information Protection Act 1998 Concerning Alleged Contravention of Information Protection Principles; Interlocutory Summons Production Dispute / Procedural Ruling on Adjournment and Respondent's Objection to Production Under Summons
Outcome
Respondent's General Application adjourned; respondent's objection to production under summons based on s 159(1) dismissed; liberty to apply granted.
Legal Topics
['summons to Produce Documents' 'objection to Production' "disclosure of Information Obtained Under the Children's Guardian Act 2009" 'lawful Excuse' 'adjournment' 'implied Undertaking']
['administrative Law' 'privacy Law' 'civil Procedure'] ['summons to Produce Documents' 'objection to Production' "disclosure of Information Obtained Under the Children's Guardian Act 2009" 'lawful Excuse' 'adjournment' 'implied Undertaking']

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Procedural Posture

Administrative Review Application Under S 55 of the Administrative Decisions Review Act 1997 and S 55(1) of the Privacy and Personal Information Protection Act 1998 Concerning Alleged Contravention of Information Protection Principles; Interlocutory Summons Production Dispute / Procedural Ruling on Adjournment and Respondent's Objection to Production Under Summons

Legal Issues

  1. 1 ["Whether the respondent's General Application should be adjourned pending determination of related GIPA Appeal proceedings and the applicant's request for time to seek pro bono legal assistance." "Whether production of documents to the Tribunal under summons would cause the respondent to commit an offence under s 159(1) of the Children's Guardian Act 2009." "Whether a summons issued by the Tribunal provides a lawful excuse for disclosure within s 159(1)(e) of the Children's Guardian Act 2009."]

Ratio Decidendi

Because the summons was a compulsory process of the Tribunal and non-compliance could constitute contempt, the respondent had a lawful excuse within s 159(1)(e) of the Children's Guardian Act 2009 to produce the documents to the Tribunal. Production under summons therefore would not constitute an offence under s 159(1), so the objection based on that provision was dismissed. The General Application was adjourned because of the applicant's pending request for pro bono assistance, the developing complexity caused by related GIPA Appeal proceedings, and the respondent's engagement of counsel.

Court Disposition

Respondent's General Application adjourned; respondent's objection to production under summons based on s 159(1) dismissed; liberty to apply granted.

Orders

  • ["The respondent's General Application filed on 29 October 2021 is adjourned to a date to be fixed by the Registrar after the determination of Appeal proceeding 2022/88146 FHG v Cumberland Council." "The respondent's objection to the production of documents under the Summons based on s 159(1) of the Children's...