FHH v Port Stephens Council [2023] NSWCATAP 239

FHH v Port Stephens Council [2023] NSWCATAP 239

The Appeal Panel held that the information complained of in slide 10 was contained in a publicly available publication, namely the previous Tribunal decision, and therefore did not fall within the definition of personal information under s 4 of the PPIP Act. Because ss 15 and 16 apply to personal information, they had no application to that information. The Tribunal therefore did not err by not dealing with the Appellants' contentions that the Respondent breached ss 15 or 16, and the appeal grounds were rejected.

Jurisdiction
Australia
Judgment Date
25 August 2023
Procedural Posture
Internal Appeal in Privacy Proceedings Under the Privacy and Personal Information Protection Act 1998 (nsw) / Appeal Panel Decision on Appeal From the Civil and Administrative Tribunal, Administrative and Equal Opportunity Division, [2023] NSWCATAD 101
Outcome
Appeal dismissed.
Legal Topics
['disclosure of Personal Information' 'publicly Available Information' 'privacy Principles 15 and 16' 'failure to Address Submissions' 'costs Submissions']
['administrative Law' 'privacy Law' 'appeals'] ['disclosure of Personal Information' 'publicly Available Information' 'privacy Principles 15 and 16' 'failure to Address Submissions' 'costs Submissions']

Case Brief

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Procedural Posture

Internal Appeal in Privacy Proceedings Under the Privacy and Personal Information Protection Act 1998 (nsw) / Appeal Panel Decision on Appeal From the Civil and Administrative Tribunal, Administrative and Equal Opportunity Division, [2023] NSWCATAD 101

Legal Issues

  1. 1 ['Whether the Tribunal failed to articulate or deal with the real issues in dispute raised by the Appellants.' "Whether the Tribunal failed to address the Appellants' submissions concerning privacy principles 15 and 16 of the Privacy and Personal Information Protection Act 1998 (NSW)." 'Whether the information in slide 10 was personal information under s 4 of the Privacy and Personal Information Protection Act 1998 (NSW), given that it was in a publicly available publication.' "Whether sections 15 or 16 of the Privacy and Personal Information Protection Act 1998 (NSW) applied to the information used in the Respondent's presentation."]

Ratio Decidendi

The Appeal Panel held that the information complained of in slide 10 was contained in a publicly available publication, namely the previous Tribunal decision, and therefore did not fall within the definition of personal information under s 4 of the PPIP Act. Because ss 15 and 16 apply to personal information, they had no application to that information. The Tribunal therefore did not err by not dealing with the Appellants' contentions that the Respondent breached ss 15 or 16, and the appeal grounds were rejected.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal is dismissed.' 'If the Respondent wishes to apply for costs it is to file submissions and evidence in support within 14 days of the date of this decision and such submissions are to include whether or not a lump sum order should be made for costs, and, if so, in what amount.' 'The Appellants are to file any...