KP v Narrandera Shire Council (GD) [2011] NSWADTAP 14

KP v Narrandera Shire Council (GD) [2011] NSWADTAP 14

The Tribunal did not err in law because it had no jurisdiction to review the conduct identified in KP's formal application for internal review beyond the alleged breach of s 14. The Council had not conducted an internal review of that conduct, and 60 days had not elapsed between the Council's receipt of the formal application on 30 October 2008 and KP's application to the Tribunal on 8 December 2008. Accordingly, neither statutory circumstance permitting Tribunal review under the Privacy and Personal Information Protection Act 1998 was satisfied.

Jurisdiction
Australia
Judgment Date
01 April 2011
Procedural Posture
Appeal From a Tribunal Decision Under the Privacy and Personal Information Protection Act 1998 / Appeal Panel Decision
Outcome
Appeal dismissed; Tribunal's decision affirmed.
Legal Topics
['privacy and Personal Information Protection Act 1998' 'information Protection Principles' 'internal Review' 'tribunal Jurisdiction' 'access to Personal Information' 'appeal on Question of Law']
['administrative Law' 'privacy Law'] ['privacy and Personal Information Protection Act 1998' 'information Protection Principles' 'internal Review' 'tribunal Jurisdiction' 'access to Personal Information' 'appeal on Question of Law']

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Procedural Posture

Appeal From a Tribunal Decision Under the Privacy and Personal Information Protection Act 1998 / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the Tribunal erred in law by not determining whether the Council's alleged conduct breached provisions of the Privacy and Personal Information Protection Act 1998 other than s 14." "Whether the Tribunal had jurisdiction to review conduct identified in KP's formal internal review application where the Council had not conducted an internal review of that conduct and 60 days had not elapsed before the Tribunal application."]

Ratio Decidendi

The Tribunal did not err in law because it had no jurisdiction to review the conduct identified in KP's formal application for internal review beyond the alleged breach of s 14. The Council had not conducted an internal review of that conduct, and 60 days had not elapsed between the Council's receipt of the formal application on 30 October 2008 and KP's application to the Tribunal on 8 December 2008. Accordingly, neither statutory circumstance permitting Tribunal review under the Privacy and Personal Information Protection Act 1998 was satisfied.

Court Disposition

Appeal dismissed; Tribunal's decision affirmed.

Orders

  • ["The Tribunal's decision to set aside the Respondent's decision and to substitute a decision that the Appellant be given access to the personal information concerning himself that is contained in the redacted version of the memorandum dated 26 February 2007 (Exhibit AA1) is affirmed." 'Council to file and serve any...