Reasoning rejected I don’t know what it’s like to be a member of the New South Wales Civil and Administrative Tribunal or whether a member can be truly independent or whether their decisions are required to be consistent rather than correct but I do know that they should not, directly or otherwise, “adopt the reasoning”[1]…
Powers preserved A conclusion jumped to by the New South Wales Administrative Decisions Tribunal and adopted by the NSW Civil and Administrative Tribunal is applied in privacy cases to dismiss applications that the Legislature, it appears, intended the Tribunal to decide. The conclusion – that an internal review application is a precondition to the Tribunal’s…
AQG v Secretary, Department of Customer Service Where a misconceived mania for form prevailed over substance Background Revenue NSW, which is part of the Department of Customer Service (Department)[1] issued AQG with a penalty notice on the basis of information about AQG that AQG said was false and misleading.[2] PPIP Act review applications Internal AQG…
Administrative functions This blog post concerns the meaning of the words ‘administrative functions’ in s 27 of the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act) which says: (1) Despite any other provision of this Act, the … the NSW Police Force … are not required to comply with the information protection principles.…
Propositions and principles In lieu of construing the ‘Limits on disclosure’ information protection principle (IPP) of the Privacy and Personal Information Protection Act 1998 (PPIP Act) and the ‘Limits on disclosure’ Health Privacy Principle (HPP) of the Health Records and Information Privacy Act 2002 (NSW) (HRIP Act) the New South Wales Civil and Administrative Tribunal applies propositions…