JR & anor v Snow River Shire Council [2009] NSWADT 3

JR & anor v Snow River Shire Council [2009] NSWADT 3

The Tribunal has jurisdiction over Second Applicant's application because Respondent undertook an internal review, thus exercising discretion to accept late application. Tribunal lacks jurisdiction over First Applicant as no internal review application was lodged.

Parties
First Applicant: JR; Second Applicant: JS; Respondent: Snow River Shire Council
Jurisdiction
Australia
Judgment Date
09 January 2009
Procedural Posture
Application for Review Under Privacy Act / Determination of Motion for Dismissal; Preliminary
Outcome
Application relating to First Applicant dismissed; application relating to Second Applicant proceeding
Legal Topics
Jurisdiction, Internal Review Process, Privacy and Personal Information Protection
Administrative Law Privacy Law Jurisdiction Internal Review Process Privacy and Personal Information Protection

Case Brief

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Parties

JR

First Applicant

JS

Second Applicant

Snow River Shire Council

Respondent

Procedural Posture

Application for Review Under Privacy Act / Determination of Motion for Dismissal; Preliminary

Legal Issues

  1. 1 Whether Tribunal has jurisdiction to review Respondent's conduct under Privacy Act
  2. 2 Whether internal review application was lodged within statutory time limits
  3. 3 Whether Respondent exercised discretion to accept late application

Ratio Decidendi

The Tribunal has jurisdiction over Second Applicant's application because Respondent undertook an internal review, thus exercising discretion to accept late application. Tribunal lacks jurisdiction over First Applicant as no internal review application was lodged.

Court Disposition

Application relating to First Applicant dismissed; application relating to Second Applicant proceeding

Orders

  • The application insofar as it relates to the First Applicant is dismissed
  • The application insofar as it relates to the Second Applicant is to be listed for a further planning meeting at 11 am on 27 January 2009