CCM v Western Sydney University (No 2) [2018] NSWCATAD 205

CCM v Western Sydney University (No 2) [2018] NSWCATAD 205

The respondent's filing and service of the statements, submissions and related emails in proceedings 2016/00377946 and 2016/00378375 occurred in the course of Tribunal proceedings, in support of or in accordance with Tribunal procedural orders and legal proceedings, and was permitted or reasonably contemplated under s 38 and s 70(c) of the Civil and Administrative Tribunal Act 2013 (NSW). The respondent was therefore exempt under s 25(b) of the Privacy and Personal Information Protection Act 1998 (NSW) from complying with the disclosure information protection principle. In proceedings 2017/00030597, the applicant's internal review request was lodged outside the six-month period in s 53,...

Jurisdiction
Australia
Judgment Date
04 September 2018
Procedural Posture
External Review Applications Under S 55 of the Privacy and Personal Information Protection Act 1998 (nsw) Concerning Alleged Privacy Breaches by a Public Sector Agency / Principal Judgment After Hearing of Proceedings 2016/00377946, 2016/00378375 and 2017/00030597
Outcome
No action was taken in proceedings 2016/00377946 and 2016/00378375; proceedings 2017/00030597 were dismissed for want of jurisdiction; the applicant's name was not to be disclosed.
Legal Topics
['information Protection Principles' 'disclosure of Personal Information' 'external Review and Internal Review Under the Privacy and Personal Information Protection Act 1998 (nsw)' 'exemption Under S 25(b) of the Privacy and Personal Information Protection Act 1998 (nsw)' 'tribunal Procedure and Jurisdiction']
['privacy' 'administrative Law'] ['information Protection Principles' 'disclosure of Personal Information' 'external Review and Internal Review Under the Privacy and Personal Information Protection Act 1998 (nsw)' 'exemption Under S 25(b) of the Privacy and Personal Information Protection Act 1998 (nsw)' 'tribunal Procedure and Jurisdiction']

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Procedural Posture

External Review Applications Under S 55 of the Privacy and Personal Information Protection Act 1998 (nsw) Concerning Alleged Privacy Breaches by a Public Sector Agency / Principal Judgment After Hearing of Proceedings 2016/00377946, 2016/00378375 and 2017/00030597

Legal Issues

  1. 1 ["Whether the respondent's filing and service of statements and written submissions containing the applicant's personal information breached the disclosure information protection principle in s 18 of the Privacy and Personal Information Protection Act 1998 (NSW)." 'Whether the respondent was exempt from complying with s 18 by reason of s 25(b) of the Privacy and Personal Information Protection Act 1998 (NSW), because the disclosures were permitted, necessarily implied or reasonably contemplated under the Civil and Administrative Tribunal Act 2013 (NSW).' "Whether proceedings 2017/00030597 were within the Tribunal's jurisdiction where the applicant lodged her internal review application out of time and the respondent did not allow a later date." "Whether the applicant's requests concerning investigation documents and reports involved personal information to which the access principle in s 14 of the Privacy and Personal Information Protection Act 1998 (NSW) applied."]

Ratio Decidendi

The respondent's filing and service of the statements, submissions and related emails in proceedings 2016/00377946 and 2016/00378375 occurred in the course of Tribunal proceedings, in support of or in accordance with Tribunal procedural orders and legal proceedings, and was permitted or reasonably contemplated under s 38 and s 70(c) of the Civil and Administrative Tribunal Act 2013 (NSW). The respondent was therefore exempt under s 25(b) of the Privacy and Personal Information Protection Act 1998 (NSW) from complying with the disclosure information protection principle. In proceedings 2017/00030597, the applicant's internal review request was lodged outside the six-month period in s 53,...

Court Disposition

No action was taken in proceedings 2016/00377946 and 2016/00378375; proceedings 2017/00030597 were dismissed for want of jurisdiction; the applicant's name was not to be disclosed.

Orders

  • ['The name of the applicant is not to be disclosed.' 'No action is to be taken on the matters raised by the applicant in proceedings 2016/00377946 and 2016/00378375.' 'Proceedings 2017/00030597 are dismissed as the Tribunal has no jurisdiction.' 'In the event the respondent seeks order for costs, the respondent must...