In May 2024, the PSA became aware that the inquiry into the offending of Wayne Astill had published a document compiling a large number of investigations, including a number of names and identifying information. The PSA sought the advice of two prominent barristers (Counsel and Senior Counsel), and a summary of that advice can be provided upon request to .
One of the potential remedies available includes the making of a complaint to the Privacy Commissioner regarding a breach of the Privacy and Personal Information Protection Act 1998 (NSW). If the production of the ICAC documents was voluntary, then s.25(b) of the PPIP Act – which allows a department not to comply with the PPIP Act if another Act permits non-compliance, such as by compelling production of documents, would not apply.
This is the most straightforward and cost-effective option. Presuming that the ICAC documents are personal information within s.4 of the PPIP Act, then a complaint to the Privacy Commissioner may succeed. Compensation up to $40,000 is available for breach of the PPIP Act. There is a time limit of within six months of discovering a breach (s.45(5) of the PPIP Act (ie: six months from end of April or beginning of May 2024).
Although the PSA cannot pursue civil action in this matter, we have prepared a template letter HERE to assist our members with lodging a complaint to the Privacy Commissioner. If you believe that you have been impacted by the publication of Exhibit 58 and wish to lodge a complaint to the Privacy Commissioner, please fill out the template letter and provide a copy to and the PSA will submit your complaint.
Importantly, the time frame for making a complaint to the Privacy Commissioner is limited to six months from the date of discovery of the alleged breach, for most people, this will be early November.