CCM v Western Sydney University [2019] NSWCATAP 103

CCM v Western Sydney University [2019] NSWCATAP 103

The Tribunal did not err in identifying the scope of internal review requests as disclosure of personal information, nor in finding that the disclosure to the Tribunal and other applicants was exempt under s 25(b) of the PPIP Act as it was reasonably contemplated by the Tribunal’s procedural powers. The Tribunal also had no jurisdiction over privacy claim 7 since the internal review request was made out of time and the agency declined to extend time. Adequate reasons were provided and procedural fairness was not denied.

Jurisdiction
Australia
Judgment Date
26 April 2019
Procedural Posture
Appeal / Appeal Panel Determination After Internal Appeal Under S 80 of the Civil and Administrative Tribunal Act 2013
Outcome
Appeal dismissed
Legal Topics
['privacy and Personal Information Protection Act 1998 (nsw)' 'disclosure of Personal Information' 'internal and External Review of Agency Conduct' 'exemptions to Information Protection Principles' 'procedural Fairness' 'adequacy of Reasons' 'tribunal Procedure']
['privacy Law' 'administrative Law'] ['privacy and Personal Information Protection Act 1998 (nsw)' 'disclosure of Personal Information' 'internal and External Review of Agency Conduct' 'exemptions to Information Protection Principles' 'procedural Fairness' 'adequacy of Reasons' 'tribunal Procedure']

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Procedural Posture

Appeal / Appeal Panel Determination After Internal Appeal Under S 80 of the Civil and Administrative Tribunal Act 2013

Legal Issues

  1. 1 ['Whether the Member erred in identifying the scope of the internal review requests in privacy claims 5 and 6' 'Whether disclosure of personal information was exempt under s 25(b) of the Privacy and Personal Information Protection Act 1998' 'Whether the Tribunal had jurisdiction to hear privacy claim 7' 'Whether adequate reasons were provided' 'Whether procedural fairness was denied']

Ratio Decidendi

The Tribunal did not err in identifying the scope of internal review requests as disclosure of personal information, nor in finding that the disclosure to the Tribunal and other applicants was exempt under s 25(b) of the PPIP Act as it was reasonably contemplated by the Tribunal’s procedural powers. The Tribunal also had no jurisdiction over privacy claim 7 since the internal review request was made out of time and the agency declined to extend time. Adequate reasons were provided and procedural fairness was not denied.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The name of the applicant is not to be disclosed in relation to these proceedings except for the purposes of these proceedings, including compliance with any order made in these proceedings, or for the respondent's reporting under legislation or record keeping requirements."]