FKV v Nambucca Valley Council [2022] NSWCATAD 309

FKV v Nambucca Valley Council [2022] NSWCATAD 309

Council was authorised to use s 569 of the Local Government Act 1993 (NSW) to recover unpaid rates from the occupier because FKV owned the land, the rates were unpaid, FKV was resident outside NSW, and judgment had been given for the amount. Any departure from the use, disclosure or sensitive information Information Protection Principles was excused by s 25 of the Privacy and Personal Information Protection Act 1998 (NSW). The alleged verbal disclosures by the process server were either not established on the evidence, concerned information already disclosed by the valid Notice of Demand, or concerned information not held by Council in the required sense. No breach of the Information...

Jurisdiction
Australia
Judgment Date
21 September 2022
Procedural Posture
Application for Administrative Review of a Privacy Internal Review Decision / Decision After Hearing
Outcome
The respondent's decision dated 18 February 2022 was affirmed.
Legal Topics
['personal Information' 'information Protection Principles' 'council Rates Recovery' 'lawful Authorisation Exemption' 'disclosure of Personal Information' 'tribunal Jurisdiction']
['administrative Law' 'privacy Law' 'local Government'] ['personal Information' 'information Protection Principles' 'council Rates Recovery' 'lawful Authorisation Exemption' 'disclosure of Personal Information' 'tribunal Jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Administrative Review of a Privacy Internal Review Decision / Decision After Hearing

Legal Issues

  1. 1 ["Whether Council's issue of a Notice of Demand to the applicant's tenant under s 569 of the Local Government Act 1993 (NSW) breached the accuracy, use or disclosure Information Protection Principles under the Privacy and Personal Information Protection Act 1998 (NSW)." "Whether s 25 of the Privacy and Personal Information Protection Act 1998 (NSW) excused any non-compliance with the relevant Information Protection Principles because Council's conduct was lawfully authorised under s 569 of the Local Government Act 1993 (NSW)." "Whether alleged verbal statements by the process server or agent to the tenant involved a breach of the applicant's privacy." "Whether the alleged systemic or administrative conduct complaints about Council were within the Tribunal's privacy review jurisdiction."]

Ratio Decidendi

Council was authorised to use s 569 of the Local Government Act 1993 (NSW) to recover unpaid rates from the occupier because FKV owned the land, the rates were unpaid, FKV was resident outside NSW, and judgment had been given for the amount. Any departure from the use, disclosure or sensitive information Information Protection Principles was excused by s 25 of the Privacy and Personal Information Protection Act 1998 (NSW). The alleged verbal disclosures by the process server were either not established on the evidence, concerned information already disclosed by the valid Notice of Demand, or concerned information not held by Council in the required sense. No breach of the Information...

Court Disposition

The respondent's decision dated 18 February 2022 was affirmed.

Orders

  • ['The decision of the respondent dated 18 February 2022 is affirmed.']