ACO V Department of Education & Training [2012] NSWADT 79

ACO V Department of Education & Training [2012] NSWADT 79

The statements in the referral and supervisor's report concerned ACO's manner of fulfilling, aptitude and competence to fulfil, and ability to manage students in his duties as a teacher. In the context of a fitness to continue referral seeking medical assessment of his ability to perform the inherent requirements of a classroom teaching position and his suitability for continued employment, the information was about ACO's suitability for appointment or employment as a public sector official. It was therefore excluded from the definition of personal information by s 4(3)(j) of the PPIP Act, leaving the Tribunal without jurisdiction to review the agency's conduct in relation to that...

Jurisdiction
Australia
Judgment Date
30 April 2012
Procedural Posture
Application Under the Privacy and Personal Information Protection Act 1998 / Preliminary Decision on the Papers as to Whether Information Was Excluded From the Definition of Personal Information
Outcome
The application is dismissed.
Legal Topics
['privacy and Personal Information Protection Act 1998' 'personal Information' 'suitability for Appointment or Employment as a Public Sector Official' 'fitness to Continue Medical Assessment' 'tribunal Jurisdiction']
['privacy Law' 'administrative Law' 'public Sector Employment'] ['privacy and Personal Information Protection Act 1998' 'personal Information' 'suitability for Appointment or Employment as a Public Sector Official' 'fitness to Continue Medical Assessment' 'tribunal Jurisdiction']

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Procedural Posture

Application Under the Privacy and Personal Information Protection Act 1998 / Preliminary Decision on the Papers as to Whether Information Was Excluded From the Definition of Personal Information

Legal Issues

  1. 1 ["Whether the information in the referral and supervisor's report was excluded from the definition of personal information under s 4(3)(j) of the Privacy and Personal Information Protection Act 1998 as information or an opinion about ACO's suitability for appointment or employment as a public sector official." "Whether, if the information was excluded from personal information, the Tribunal had jurisdiction to review the agency's conduct with respect to that information."]

Ratio Decidendi

The statements in the referral and supervisor's report concerned ACO's manner of fulfilling, aptitude and competence to fulfil, and ability to manage students in his duties as a teacher. In the context of a fitness to continue referral seeking medical assessment of his ability to perform the inherent requirements of a classroom teaching position and his suitability for continued employment, the information was about ACO's suitability for appointment or employment as a public sector official. It was therefore excluded from the definition of personal information by s 4(3)(j) of the PPIP Act, leaving the Tribunal without jurisdiction to review the agency's conduct in relation to that...

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed']