FFN v Cumberland City Council [2023] NSWCATAD 108

FFN v Cumberland City Council [2023] NSWCATAD 108

The Applicant did not establish a contravention of the PPIP Act. The impugned workers compensation statement excerpts were not, except in an unchallenged respect, personal information about the Applicant. The "looked very awkward" assessment was not information collected from the complainant but a view formed by...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 May 2023
Procedural Posture
Application Under the Privacy and Personal Information Protection Act 1998 for Administrative Review of Conduct That Was the Subject of an Internal Review / Principal Judgment After Hearing
Outcome
Pursuant to section 55(2) of the Privacy and Personal Information Act 1998 the Tribunal takes no action on the matter.
Legal Topics
['information Protection Principles' 'collection of Personal Information' 'personal Information Held by a Public Sector Agency' 'internal Review and Administrative Review Under the PPIP Act' 'correction of Personal Information' 'compensation for Privacy Breaches']
['privacy Law' 'administrative Law'] ['information Protection Principles' 'collection of Personal Information' 'personal Information Held by a Public Sector Agency' 'internal Review and Administrative Review Under the PPIP Act' 'correction of Personal Information' 'compensation for Privacy Breaches']

Source-derived case record

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Procedural Posture

Application Under the Privacy and Personal Information Protection Act 1998 for Administrative Review of Conduct That Was the Subject of an Internal Review / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether statements in a 7 July 2020 workers compensation statement were personal information about the Applicant within s 4 of the PPIP Act.' 'Whether the assessment that the Applicant\'s conduct "just looked very awkward, rather than being inappropriate" was collected by the Council or held by the Council for the purposes of the PPIP Act.' 'Whether the Council breached ss 10, 11, 12, 13, 14, 15 or 16 of the PPIP Act.' 'Whether the Tribunal could review matters not raised in the internal review application.' 'Whether the Applicant was entitled to correction of records, an apology, a further fact-finding investigation or compensation.' 'Whether the Member should recuse himself for apprehended bias.']

Ratio Decidendi

The Applicant did not establish a contravention of the PPIP Act. The impugned workers compensation statement excerpts were not, except in an unchallenged respect, personal information about the Applicant. The "looked very awkward" assessment was not information collected from the complainant but a view formed by Council employees and kept only in their minds until recorded in the 7 July 2020 statement; it was therefore not collected or held by the Council for the purposes of the relied-upon information protection principles. Once recorded in that statement it was communicated to the Applicant through his solicitors. The remaining complaints were either not made out, outside the scope of...

Court Disposition

Pursuant to section 55(2) of the Privacy and Personal Information Act 1998 the Tribunal takes no action on the matter.

Orders

  • ['The Tribunal takes no action on the matter.']