Council may seek legal advice in relation to certain resolutions, and meeting principles and practices.
Once this advice is considered by Council, it may be made available here below.
On 20 April 2022, the NSW Civil and Administrative Tribunal in EIG v North Sydney Council  NSWCATAD 127 found that North Sydney Council breached Health Privacy Principles 4 and 11(HPP 4 and 11) and made the following order requiring North Sydney Council (who is referred to as the Respondent below) to provide an unreserved formal written apology:
Within 14 days of the date of these Reasons for Decision the Respondent is to provide an unreserved formal written apology to the Applicant addressing and apologising for the Respondent’s breaches of HPP 4 and HPP 11 in respect of the health information of the Applicant as identified in these Reasons for Decision and for all distress and embarrassment caused to the Applicant by such.
On 27 October 2021, the NSW Civil and Administrative Tribunal published its decision in EIG v North Sydney Council  NSWCATAD 313 and determined that North Sydney Council (who is referred to as the Respondent below) breached Information Protection Principles 10 and 11. This decision is now subject to a pending appeal by North Sydney Council.
In its decision, on 27 October 2021, the Tribunal made the following orders:
(3) Pursuant to s 55(2)(b) Privacy and Personal Information Protection Act, in relation to all future applications of the Applicant under ss 53 and 55 Privacy and Personal Information Protection Act the Respondent is to refrain from:
- (i) any use of the Applicant’s personal information relating to such applications in contravention of s17 Privacy and Personal Information Protection Act/IPP 10; and
- (ii) any disclosure of the Applicant’s personal information relating to such applications in contravention of s18 Privacy and Personal Information Protection Act/ IPP 11.
(6) Within 30 days of the date of these Reasons for Decision the Respondent must:
- (a) anonymise the Applicant’s name in all publicly available digital publications of the Respondent (including on the Respondent’s website) in relation to any reference to the Decision proceedings or the Decision; and
- (b) make reasonable efforts to recover and destroy or anonymise the Applicant’s name in all printed and hardcopy materials in relation to any reference to the Decision proceedings or the Decision.
On 2 December 2021, the Appeal Panel amended the operation of order 6(b) above so that it does not operate to the extent that it applies to the provision to or retention of material by North Sydney Council’s internal or external legal representatives.
On 17 March 2021 the NSW Civil and Administrative Tribunal made Orders requiring Council to take certain actions in relation to the security of personal information held by the Council. The Orders required Council to:
- perform IPP 5 by implementing such security safeguards as are reasonable in the circumstances against loss, unauthorised access, use, modification or disclosure and against all other misuse for all of personal information it holds in physical form; and
- implement such administrative measures necessary to ensure that the conduct of concern will not occur again. Such security safeguards and administrative measures must include details as to when and in what circumstances an internal review of an incident will be sufficient and when an external independent review of an incident is required.
- amend its Privacy Management Plan (PMP) to reflect the security safeguards implemented in accordance with the above.
Council has now completed the measures required by these Orders, and has:
- engaged information security experts to conduct an independent review of Council’s handling of personal information for security of physical records containing personal information, which involved an onsite security walkthrough of Council’s premises;
- implemented the recommendations made by the security experts to improve its procedures and processes relating to security of information it holds in physical form, to safeguard against any loss, unauthorised access, use, modification or disclosure and against all other misuse for all of personal information;
- provided education materials and training to staff on any changed or new security processes, to assist them in complying with the requirements of IPP 5;
- reviewed and improved its procedures and processes in relation to dealing with internal reviews (this included providing educational materials to staff to assist them in understanding and implementing Council’s new internal review process);
- amended its PMP, including to reflect the security safeguards it has implemented and its updated internal review process.
In addition to completing the measures required by the Orders, Council took this opportunity to conduct a comprehensive review of its PMP, which included:
- comprehensive stakeholder engagement, including internal privacy review surveys, face-to-face meetings, and seeking feedback on working drafts of the PMP;
- using resources and guidance materials provided by the NSW Information and Privacy Commissioner (IPC) to prepare the PMP;
- considering emerging ‘good practice’ PMPs implemented by other public sector agencies; and
- using the IPC’s ‘Checklist - Privacy Management Plans’ tool to assess the content of the PMP once it was prepared, to ensure the PMP addressed all of the section 33 requirements of the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act).
Noakes Group Pty Ltd v North Sydney Council  NSWLEC 1045
Council report, 30 Nov 2020 (94KB)
Section 34 Agreement (1MB)
Deed of Settlement (9MB)
On 30 November 2020, Council resolved to:
- adopt a new North Sydney Local Infrastructure Contributions Plan; and
- repeal the existing North Sydney Section 94 Contributions Plan 2013.
pursuant to clause 31(4) of the EP&A Regulation 2000 https://www.legislation.nsw.gov.au/view/html/inforce/current/sl-2000-0557#sec.31
The new North Sydney Local Infrastructure Contributions Plan will commence on 1 March 2021. Clause 1.1 of the Plan specifies that the plan commences on the date on which public notice is given under clause 31(2) of the EP&A Regulation 2000. The existing North Sydney Section 94 Contributions Plan 2013 will be repealed on the same day the new plan commences.
All DAs determined on or after this date will be subject to the rates specified in the new plan regardless of the date which they were lodged with Council. This includes a new contribution (Section 7.12) for all development with a cost greater than $100,000.
A further notice of intent to repeal the Plan and reasons for doing so will be placed on Council’s website at least 14 days before repealing the plan pursuant to clause 32(2A) of the EP&A Regulation 2000.
Intention to provide donation under Section 356 of the Local Government Act
Local resident and Cultural Consultant Elsa Atkin has approached Council seeking a $70,000 grant to allow her to produce a Sculpture@Sawmillers exhibition in Spring 2021.
Subject to Council determination, there is potential to fund the exhibition from the events program due to other events being cancelled due to COVID.
A minimum of 28 days public notice must be given before Council considers a proposal to provide a grant outside of an already approved program, in accordance with sec.356 of the Local Government Act https://www.legislation.nsw.gov.au/view/whole/html/inforce/current/act-1993-030#sec.356
A report on this matter will be considered by Council on 22 February 2021.
For further information, contact Council’s Manager Communications and Events on 9936 8120.