ON v Marrickville Council [2005] NSWADT 274

ON v Marrickville Council [2005] NSWADT 274

ON had no standing because the drafting and use of the Marrickville Local Environmental Plan 2001 was not conduct within section 52 of the Privacy and Personal Information Protection Act 1998 and ON had not made a development application, had not been requested to provide personal information and had not provided any. The Council therefore had not collected or held ON's personal information and had not breached the alleged information protection principles. In any event, section 25 exempted the Council to the extent non-compliance was necessarily implied or reasonably contemplated by the development consent process authorised under the Environmental Planning and Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Application for Review Under Section 55 of the Privacy and Personal Information Protection Act 1998 Concerning Alleged Breaches of Information Protection Principles / Principal Matter
Outcome
Application dismissed.
Legal Topics
['information Protection Principles' 'standing as a Person Aggrieved' 'collection and Disclosure of Personal Information' 'development Applications' 'local Environmental Plans' 'section 25 Exemption']
['privacy Law' 'administrative Law' 'planning and Environment Law'] ['information Protection Principles' 'standing as a Person Aggrieved' 'collection and Disclosure of Personal Information' 'development Applications' 'local Environmental Plans' 'section 25 Exemption']

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Procedural Posture

Application for Review Under Section 55 of the Privacy and Personal Information Protection Act 1998 Concerning Alleged Breaches of Information Protection Principles / Principal Matter

Legal Issues

  1. 1 ['Whether ON was a person aggrieved by conduct of the Council for the purposes of the Privacy and Personal Information Protection Act 1998.' 'Whether the drafting and use of the Marrickville Local Environmental Plan 2001 was conduct within section 52 of the Privacy and Personal Information Protection Act 1998.' "Whether the Council collected, held or disclosed ON's personal information in breach of sections 8(1)(b), 11(a), 11(b), 12(c) or 19 of the Privacy and Personal Information Protection Act 1998." 'Whether section 25 of the Privacy and Personal Information Protection Act 1998 exempted the Council from compliance in relation to development consent processes authorised by planning law.']

Ratio Decidendi

ON had no standing because the drafting and use of the Marrickville Local Environmental Plan 2001 was not conduct within section 52 of the Privacy and Personal Information Protection Act 1998 and ON had not made a development application, had not been requested to provide personal information and had not provided any. The Council therefore had not collected or held ON's personal information and had not breached the alleged information protection principles. In any event, section 25 exempted the Council to the extent non-compliance was necessarily implied or reasonably contemplated by the development consent process authorised under the Environmental Planning and Assessment Act 1979.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']