AQL v NSW Trustee and Guardian [2014] NSWCATAD 116

AQL v NSW Trustee and Guardian [2014] NSWCATAD 116

The information in the Memorandum was excluded from the concept of 'personal information' under s 4(3)(j) of the PPIP Act because at the time recorded it was about the applicant's suitability for employment, which was a live issue, therefore the respondent's conduct regarding this information was not subject to review under the PPIP Act. The personal information in the Review Report was not 'collected' in the relevant sense under s 8, nor used or disclosed contrary to ss 16, 17, or 18. However, the respondent's handling of the applicant's request to amend personal information in the Review Report under s 15 was to be remitted for reconsideration, subject to the applicant specifying the...

Jurisdiction
Australia
Judgment Date
19 August 2014
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Partly remitted, partly no further action
Legal Topics
['personal Information' 'information Protection Principles' 'amendment of Records' 'government Agency Conduct' 'internal Review' 'external Review' 'employment']
['administrative Law' 'privacy Law'] ['personal Information' 'information Protection Principles' 'amendment of Records' 'government Agency Conduct' 'internal Review' 'external Review' 'employment']

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Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 ["Whether the information in the Memorandum is 'personal information' under the Privacy and Personal Information Protection Act 1998 (PPIP Act) or excluded under s 4(3)(j)" "Whether collection, use, and disclosure of applicant's personal information contravened ss 8, 16, 17, and 18 of the PPIP Act" 'Whether the respondent breached the amendment information protection principle in s 15 of the PPIP Act']

Ratio Decidendi

The information in the Memorandum was excluded from the concept of 'personal information' under s 4(3)(j) of the PPIP Act because at the time recorded it was about the applicant's suitability for employment, which was a live issue, therefore the respondent's conduct regarding this information was not subject to review under the PPIP Act. The personal information in the Review Report was not 'collected' in the relevant sense under s 8, nor used or disclosed contrary to ss 16, 17, or 18. However, the respondent's handling of the applicant's request to amend personal information in the Review Report under s 15 was to be remitted for reconsideration, subject to the applicant specifying the...

Court Disposition

Partly remitted, partly no further action

Orders

  • ["Subject to the applicant providing the respondent within 28 working days a list of amendments to his personal information in the Review Report, the respondent's internal review of its conduct is set aside and remitted for reconsideration under para 63(3)(d) of the Administrative Decisions Review Act 1997." 'The...