OS v Mudgee Shire Council [2009] NSWADT 315

OS v Mudgee Shire Council [2009] NSWADT 315

Points 1, 2, 3 and 4 in the Agency's report contained personal information about OS, as defined by s 4(1) of the Privacy and Personal Information Protection Act 1998, and were not excluded under s 4(3)(b). Point 5 did not contain personal information about OS within the meaning of s 4(1). Point 6 was found to contain personal information, but whether it was excluded as publicly available publication required further evidence and was not determined on the papers.

Jurisdiction
Australia
Judgment Date
17 December 2009
Procedural Posture
External Review Under Privacy and Personal Information Protection Act 1998 / Preliminary Issue Determination
Outcome
Preliminary decision—some matters proceed, one dismissed for want of jurisdiction, one reserved for future determination.
Legal Topics
['personal Information' 'personal Information Protection Principles' 'publicly Available Information' 'jurisdiction Under Privacy and Personal Information Protection Act 1998' 'local Government Rating Decisions']
['administrative Law' 'privacy Law'] ['personal Information' 'personal Information Protection Principles' 'publicly Available Information' 'jurisdiction Under Privacy and Personal Information Protection Act 1998' 'local Government Rating Decisions']

Case Brief

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Procedural Posture

External Review Under Privacy and Personal Information Protection Act 1998 / Preliminary Issue Determination

Legal Issues

  1. 1 ['Whether points 1, 2, 3, 4, 5, and 6 in the report contain personal information about OS for the purposes of s 4(1) of the Privacy and Personal Information Protection Act 1998' 'Whether information is excluded by s 4(3)(b) as being contained in a publicly available publication' 'Whether the Tribunal has jurisdiction over information not considered personal information']

Ratio Decidendi

Points 1, 2, 3 and 4 in the Agency's report contained personal information about OS, as defined by s 4(1) of the Privacy and Personal Information Protection Act 1998, and were not excluded under s 4(3)(b). Point 5 did not contain personal information about OS within the meaning of s 4(1). Point 6 was found to contain personal information, but whether it was excluded as publicly available publication required further evidence and was not determined on the papers.

Court Disposition

Preliminary decision—some matters proceed, one dismissed for want of jurisdiction, one reserved for future determination.

Orders

  • ['Points 1, 2, 3, and 4 found to contain personal information about OS within s 4(1) of the Privacy and Personal Information Protection Act 1998, not excluded by s 4(3)(b).' 'Point 5 found not to contain personal information about OS; Tribunal has no jurisdiction over complaints regarding that information.' 'Point 6...