As a WA strata owner I applied to inspect all strata records in March 2017 and, despite the committee approving the request, obtaining orders from the State Administrative Tribunal, [2018] WASAT 15), all excluding privileged documents to be made available, I still haven’t seen the most significant records (including communications between owners/strata manager/council members) which “do not sit in the strata records” or are deemed by the strata manager to be private/confidential/privileged.
The orders, made as requested by the strata company, obligated it to provide electronic copies of all strata records excluding those which are privilegrd IF provided with an undertakung to not share the information with ANYONE. On appeal, the undertaking requirement was negated [2019] WASCA 190 AND the strata company must satisfy the SAT that withheld records are privileged.
Having not done that it is currently liable for prosecution for contempt of court and continues to blame ME for the impact of litigation on our insurance premiums and the insurer’s decision to increase the excess for management committee cover from $1k to $15k while capping cover to $100k.
It has become obvious that even the SCA does not understand relevant legislation and the belief of many strata owners is very wrong. The legislation exists to ensure transparency and protect owners fron unscrupulous, unethical and self-serving conduct. Oppose it at your peril.
FYI
The Privacy Act has no application, irrespective of an organisation’s turnover, when a the organisation is obligated by legislation to allow its records to be inspected because:
PRIVACY ACT 1988 – SECT 3
Saving of certain State and Territory laws
It is the intention of the Parliament that this Act is not to affect the operation of a law of a State or of a Territory that makes provision with respect to the collection, holding, use, correction or disclosure of personal information (including such a law relating to credit reporting or the use of information held in connection with credit reporting) and is capable of operating concurrently with this Act.</p>
Note: Such a law can have effect for the purposes of the provisions of the Australian Privacy Principles that regulate the handling of personal information by organisations by reference to the effect of other laws.
Consequently if legislation compels a strata company to allow a person to inspect strata records, whatever is contained in them (including email addresses, arrears, complaints against neighbours and other information generally considered to be “private” or “confidential”) must be provided without alteration. The only records that can be lawfully withheld are communications between the strata company and its legal advisor regarding threatened or anticipated litigation involving the owner who requests to inspect the records IF privilege is not waived by sharing it with a 3rd person (note: other owners are not 3rd parties but the strata manager may be).
Strata managers, council members and/or owners who do not want information to be seen by persons who are eligible to inspect strata records should not provide it (even anonymously) [in the first place] because if wrongfully withheld the strata company commits an offence…adherence to the SCA policy or “protecting the privacy of others” is NOT a valid defence.