HW v Commissioner of Police, New South Wales Police Service and Anor [2003] NSWADT 214

HW v Commissioner of Police, New South Wales Police Service and Anor [2003] NSWADT 214

The Police Service was exempt under s 27 because the impugned conduct occurred in the course of its core law enforcement responsibilities in supporting a criminal prosecution, not in administrative or educative functions, and the Tribunal had no jurisdiction over the alleged s 62 offence. The DPP was not responsible for the first unlawful collection because the police officer acted with sufficient independence, but the DPP collected the material when it was handed to the prosecution. The DPP's alleged contraventions other than s 11 were answered by the statutory qualifications and exemptions or were not made out; only the alleged contravention of s 11 required further consideration...

Jurisdiction
Australia
Judgment Date
10 September 2003
Procedural Posture
Applications for Review of Conduct of Public Sector Agencies Under S 55 of the Privacy and Personal Information Protection Act 1998 / Preliminary Matter
Outcome
Application against the Police Service dismissed; application against the Director of Public Prosecutions dismissed except for the alleged contravention of s 11, which was to be relisted for further directions.
Legal Topics
['information Protection Principles' 'collection of Personal Information' 'law Enforcement Exemptions' 'police Service Functions' 'director of Public Prosecutions Functions' 'subpoenaed Material']
['privacy Law' 'administrative Law' 'criminal Procedure'] ['information Protection Principles' 'collection of Personal Information' 'law Enforcement Exemptions' 'police Service Functions' 'director of Public Prosecutions Functions' 'subpoenaed Material']

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Procedural Posture

Applications for Review of Conduct of Public Sector Agencies Under S 55 of the Privacy and Personal Information Protection Act 1998 / Preliminary Matter

Legal Issues

  1. 1 ['Whether the Police Service was exempt from compliance with the information protection principles by s 27 of the Privacy and Personal Information Protection Act 1998.' 'Whether the Police Service conduct was connected with administrative or educative functions, or with its core law enforcement responsibilities.' 'Whether the Tribunal had jurisdiction to deal with an alleged corrupt disclosure offence under s 62 of the Privacy and Personal Information Protection Act 1998.' 'Whether the DPP was responsible for the first collection of personal information obtained by the invalid subpoena.' 'Whether exemptions or qualifications in ss 23 and 25 of the Privacy and Personal Information Protection Act 1998 answered the alleged contraventions by the DPP.' 'Whether the alleged contravention of s 11 by the DPP required further consideration.']

Ratio Decidendi

The Police Service was exempt under s 27 because the impugned conduct occurred in the course of its core law enforcement responsibilities in supporting a criminal prosecution, not in administrative or educative functions, and the Tribunal had no jurisdiction over the alleged s 62 offence. The DPP was not responsible for the first unlawful collection because the police officer acted with sufficient independence, but the DPP collected the material when it was handed to the prosecution. The DPP's alleged contraventions other than s 11 were answered by the statutory qualifications and exemptions or were not made out; only the alleged contravention of s 11 required further consideration...

Court Disposition

Application against the Police Service dismissed; application against the Director of Public Prosecutions dismissed except for the alleged contravention of s 11, which was to be relisted for further directions.

Orders

  • ['Application for review of the conduct of New South Wales Police Service dismissed.' 'Application for review of the conduct of Director of Public Prosecutions dismissed, except in relation to the claim made in relation to an alleged contravention of s 11.' 'Application for review of the conduct of Director of...