CCM v Western Sydney University (No.4) [2018] NSWCATAD 283

CCM v Western Sydney University (No.4) [2018] NSWCATAD 283

The respondent breached sections 17 and 18 of the PPIP Act by using and disclosing the applicant's personal information to Professor Dodson for a purpose not directly related to the purpose for which the information was collected, except for information exempt under public interest disclosure provisions.

Source-derived case information.

Parties
Applicant: CCM; Respondent: Western Sydney University
Jurisdiction
Australia
Judgment Date
07 December 2018
Procedural Posture
Administrative Review / Final Judgment
Outcome
Partially upheld; orders for performance, remaining application and costs dismissed.
Legal Topics
Use and Disclosure of Personal Information, Public Interest Disclosures, Internal Review Time Limits
Administrative Law Privacy Law Use and Disclosure of Personal Information Public Interest Disclosures Internal Review Time Limits

Source-derived case record

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Parties

CCM

Applicant

Western Sydney University

Respondent

Procedural Posture

Administrative Review / Final Judgment

Legal Issues

  1. 1 Whether personal information was used or disclosed contrary to the Privacy and Personal Information Protection Act 1998
  2. 2 Whether information was collected in the course of an investigation arising out of a public interest disclosure
  3. 3 Whether request for internal review was made within time

Ratio Decidendi

The respondent breached sections 17 and 18 of the PPIP Act by using and disclosing the applicant's personal information to Professor Dodson for a purpose not directly related to the purpose for which the information was collected, except for information exempt under public interest disclosure provisions.

Court Disposition

Partially upheld; orders for performance, remaining application and costs dismissed.

Orders

  • Respondent must within 28 days notate any files containing the relevant allegations or responses as containing personal information of the applicant.
  • Respondent must place a copy of the tribunal's reasons on the file(s).