CCM v Western Sydney University [2016] NSWCATAD 234

CCM v Western Sydney University [2016] NSWCATAD 234

The Tribunal could not consider alleged collection, storage, retention, security or other conduct not raised in the applicant's internal review applications. The only reviewable conduct was the alleged use and disclosure of the applicant's personal information in the emails of 30 October 2014 and 27 October 2014. Ms A and Dr B were named personally in the Fair Work claim and were exposed to personal liability; the University did not act for them or direct the emails. The emails were sent for Ms A's and Dr B's own purposes in responding to that claim, purposes extraneous to the University's purposes. Accordingly, the use or disclosure was not conduct of the University and the University...

Jurisdiction
Australia
Judgment Date
18 October 2016
Procedural Posture
Applications for Review of Conduct Under the Privacy and Personal Information Protection Act 1998 (nsw) / Decision After Hearing in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales
Outcome
No action is to be taken on the matters raised by the applicant in proceedings 1510426 and 1510427.
Legal Topics
['information Protection Principles' 'use and Disclosure of Personal Information' 'internal Review Application Scope' 'tribunal Jurisdiction' 'attribution of Employee Conduct to Agency' 'fair Work Commission Bullying Proceedings']
['privacy' 'administrative Law'] ['information Protection Principles' 'use and Disclosure of Personal Information' 'internal Review Application Scope' 'tribunal Jurisdiction' 'attribution of Employee Conduct to Agency' 'fair Work Commission Bullying Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Applications for Review of Conduct Under the Privacy and Personal Information Protection Act 1998 (nsw) / Decision After Hearing in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ["Whether the Tribunal had jurisdiction to consider alleged conduct not identified in the applicant's internal review applications." "Whether Western Sydney University unlawfully used or disclosed the applicant's personal information through Ms A's email of 30 October 2014." "Whether Western Sydney University unlawfully used or disclosed the applicant's personal information through an NTEU employee's email of 27 October 2014 sent on behalf of Dr B." "Whether the relevant emails were conduct of the University or were sent for purposes extraneous to the University's purposes."]

Ratio Decidendi

The Tribunal could not consider alleged collection, storage, retention, security or other conduct not raised in the applicant's internal review applications. The only reviewable conduct was the alleged use and disclosure of the applicant's personal information in the emails of 30 October 2014 and 27 October 2014. Ms A and Dr B were named personally in the Fair Work claim and were exposed to personal liability; the University did not act for them or direct the emails. The emails were sent for Ms A's and Dr B's own purposes in responding to that claim, purposes extraneous to the University's purposes. Accordingly, the use or disclosure was not conduct of the University and the University...

Court Disposition

No action is to be taken on the matters raised by the applicant in proceedings 1510426 and 1510427.

Orders

  • ["The respondent's name is changed from University of Western Sydney to Western Sydney University." 'No action is to be taken on the matters raised by the applicant in proceedings 1510426 and 1510427.']