Constitutional law (Cth) – Judicial power of Commonwealth – Where resident of Tasmania sought administrative review of decisions made on behalf of Commissioner of New South Wales Police Force – Where New South Wales Civil and Administrative Tribunal ("Tribunal") made order under s 55(2)(a) of Privacy and Personal Information Protection Act 1998 (NSW) – Where order that public sector agency pay applicant damages by way of compensation for any loss or damage suffered as a result of conduct in contravention of information protection principle – Where Tribunal not "court of a State" within meaning of ss 77(ii) and (iii) of Constitution – Where State Parliament lacks legislative capacity to confer on State tribunal that is not court of a State judicial power with respect to any matter in s 75 or s 76 of Constitution – Where s 75(iv) of Constitution refers to "matters ... between a State and a resident of another State" – Whether Tribunal exercised judicial power – Whether Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245 distinguishable.
Words and phrases – "administrative power", "administrative review", "administrative standards", "administratively reviewable decision", "certificate", "compensation", "correct and preferable", "court", "damages", "distinguishable", "information protection principles", "internal review", "judgment", "judicial decision", "judicial power", "jurisdiction", "legislative capacity", "loss or damage", "matter", "non-judicial", "norm of conduct", "order", "privacy codes of practice", "public sector agency", "resident of another State", "tribunal".
Constitution, ss 75, 76, 77(ii), 77(iii).
Administrative Decisions Review Act 1997 (NSW), ss 6, 7, 8, 9, 53, 63, 64, 66.
Civil and Administrative Tribunal Act 2013 (NSW), ss 13, 27(1)(a), 38, 72, 78.
Privacy and Personal Information Protection Act 1998 (NSW), ss 3(1), 8-19, 21, 29, 30, 32, 52, 53, 55(1), 55(2)(a), 55(3), 55(4A), 69.