BSU v Workers Compensation Commission [2015] NSWCATAD 125

BSU v Workers Compensation Commission [2015] NSWCATAD 125

The publication by the Workers Compensation Commission of its determination on its website constitutes an exercise of judicial functions, which is specifically exempt from the operation of the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002; therefore, the tribunal lacks jurisdiction to review the respondent's conduct under those Acts.

Jurisdiction
Australia
Judgment Date
19 June 2015
Procedural Posture
Administrative Review / Tribunal Decision
Outcome
No further action – want of jurisdiction
Legal Topics
['personal Information' 'judicial Functions' 'tribunal Jurisdiction' 'publication of Decisions']
['privacy' 'administrative Law'] ['personal Information' 'judicial Functions' 'tribunal Jurisdiction' 'publication of Decisions']

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Procedural Posture

Administrative Review / Tribunal Decision

Legal Issues

  1. 1 ['Whether the tribunal has jurisdiction to review publication of private information by the Workers Compensation Commission under the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002' 'Whether publication of commission decisions on its website constitutes the exercise of judicial functions and thus is exempt under privacy legislation']

Ratio Decidendi

The publication by the Workers Compensation Commission of its determination on its website constitutes an exercise of judicial functions, which is specifically exempt from the operation of the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002; therefore, the tribunal lacks jurisdiction to review the respondent's conduct under those Acts.

Court Disposition

No further action – want of jurisdiction

Orders

  • ['No further action is taken on the matter pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 and s 54(1) of the Health Records and Information Privacy Act 2002.']