JS v Snowy River Shire Council (No 2) [2009] NSWADT 210

JS v Snowy River Shire Council (No 2) [2009] NSWADT 210

The complaint was one of the Council's "other documents" within section 12(6) of the Local Government Act 1993 and did not fall within section 12(7). Section 12(6) permitted, or necessarily implied or reasonably contemplated, non-compliance with section 18 of the Privacy and Personal Information Protection Act 1998, so section 25 exempted the Council from complying with section 18 in relation to disclosure of the complaint. The Tribunal was unable to review the Council's view on whether inspection would be contrary to the public interest, and it was not satisfied that the Council breached the Privacy Act.

Jurisdiction
Australia
Judgment Date
07 August 2009
Procedural Posture
Application for Review of Conduct Under Section 55 of the Privacy and Personal Information Protection Act 1998 / Preliminary Issue Determined on the Papers
Outcome
Application dismissed; the Tribunal determined not to take any action on the matter.
Legal Topics
['information Protection Principle' 'disclosure of Personal Information to Third Party' 'access to Council Documents' 'exemption Where Non Compliance Is Lawfully Authorised or Required' 'public Interest Refusal of Inspection']
['privacy' 'administrative Law' 'local Government'] ['information Protection Principle' 'disclosure of Personal Information to Third Party' 'access to Council Documents' 'exemption Where Non Compliance Is Lawfully Authorised or Required' 'public Interest Refusal of Inspection']

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Procedural Posture

Application for Review of Conduct Under Section 55 of the Privacy and Personal Information Protection Act 1998 / Preliminary Issue Determined on the Papers

Legal Issues

  1. 1 ['Whether the Council needed to comply with section 18 of the Privacy and Personal Information Protection Act 1998 when making the complaint available to the Tooheys.' 'Whether section 12(6) of the Local Government Act 1993 authorised, required or permitted disclosure so as to engage section 25 of the Privacy and Personal Information Protection Act 1998.' "Whether the Tribunal could review the Council's decision as to whether inspection would be contrary to the public interest."]

Ratio Decidendi

The complaint was one of the Council's "other documents" within section 12(6) of the Local Government Act 1993 and did not fall within section 12(7). Section 12(6) permitted, or necessarily implied or reasonably contemplated, non-compliance with section 18 of the Privacy and Personal Information Protection Act 1998, so section 25 exempted the Council from complying with section 18 in relation to disclosure of the complaint. The Tribunal was unable to review the Council's view on whether inspection would be contrary to the public interest, and it was not satisfied that the Council breached the Privacy Act.

Court Disposition

Application dismissed; the Tribunal determined not to take any action on the matter.

Orders

  • ['The Tribunal determines not to take any action on the matter.']