CJU v SafeWork NSW (No.2) [2019] NSWCATAD 53

CJU v SafeWork NSW (No.2) [2019] NSWCATAD 53

No costs order was made because no special circumstances warranting an award of costs were identified. The broader foreshadowed restraint was not made because it would go beyond s 55(2)(b) by restricting otherwise lawful disclosure and its effectiveness was unclear; however, given the reasons in the principal judgment concerning inadequate privacy training and the risk of future breach, a narrower order restraining disclosure in contravention of s 18(1) was permissible and appropriate.

Jurisdiction
Australia
Judgment Date
02 April 2019
Procedural Posture
Administrative Privacy Proceeding / Consequential Orders on the Papers After Principal Judgment
Outcome
The Tribunal ordered the respondent to refrain from any disclosure of the applicant's personal information in contravention of s 18(1) of the Privacy and Personal Information Protection Act 1998 and made no order as to costs.
Legal Topics
['personal Information Disclosure' 'privacy and Personal Information Protection Act 1998 S 18(1)' 'future Breach of Privacy Principles' 'tribunal Costs Orders']
['privacy Law' 'administrative Law' 'costs'] ['personal Information Disclosure' 'privacy and Personal Information Protection Act 1998 S 18(1)' 'future Breach of Privacy Principles' 'tribunal Costs Orders']

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Procedural Posture

Administrative Privacy Proceeding / Consequential Orders on the Papers After Principal Judgment

Legal Issues

  1. 1 ['Whether to make an order concerning the risk of future breaches of s 18(1) of the Privacy and Personal Information Protection Act 1998.' 'Whether to make an order as to costs.']

Ratio Decidendi

No costs order was made because no special circumstances warranting an award of costs were identified. The broader foreshadowed restraint was not made because it would go beyond s 55(2)(b) by restricting otherwise lawful disclosure and its effectiveness was unclear; however, given the reasons in the principal judgment concerning inadequate privacy training and the risk of future breach, a narrower order restraining disclosure in contravention of s 18(1) was permissible and appropriate.

Court Disposition

The Tribunal ordered the respondent to refrain from any disclosure of the applicant's personal information in contravention of s 18(1) of the Privacy and Personal Information Protection Act 1998 and made no order as to costs.

Orders

  • ["Pursuant to s 55(2)(b) of the Privacy and Personal Information Protection Act 1998, the respondent is to refrain from any disclosure of the applicant's personal information in contravention of s 18(1) of that Act." 'There is no order as to costs.']