DQV v University of New England [2021] NSWCATAP 208

DQV v University of New England [2021] NSWCATAP 208

The University's collection of personal information for pre-visa assessment was directly related to its activity of conducting such assessments and providing results to the Commonwealth, satisfying s 8(1)(a) of the Privacy and Personal Information Protection Act 1998 (NSW); Tribunal's error of fact was immaterial as collection purpose was directly related to activity; no utility in granting leave to appeal; reasons for collection of handwritten statement were adequate; challenge to unpublished policy failed as sufficient public information existed.

Jurisdiction
Australia
Judgment Date
09 July 2021
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Appeal dismissed; leave to appeal refused on grounds 1 and 3
Legal Topics
['collection of Personal Information' 'university Admission Procedures' 'jurisdictional Error' 'adequacy of Reasons for Decision' 'standing in Appeal']
['privacy' 'administrative Law' 'education Law'] ['collection of Personal Information' 'university Admission Procedures' 'jurisdictional Error' 'adequacy of Reasons for Decision' 'standing in Appeal']

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

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether University's collection of personal information was directly related to a function or activity under privacy legislation" 'Adequacy of Tribunal reasons' 'Effect of reliance on unpublished policy for collection purposes' "Standing to appeal in respect of findings about a co-applicant's information"]

Ratio Decidendi

The University's collection of personal information for pre-visa assessment was directly related to its activity of conducting such assessments and providing results to the Commonwealth, satisfying s 8(1)(a) of the Privacy and Personal Information Protection Act 1998 (NSW); Tribunal's error of fact was immaterial as collection purpose was directly related to activity; no utility in granting leave to appeal; reasons for collection of handwritten statement were adequate; challenge to unpublished policy failed as sufficient public information existed.

Court Disposition

Appeal dismissed; leave to appeal refused on grounds 1 and 3

Orders

  • ['Leave to appeal on grounds 1 and 3 is refused.' 'Appeal is dismissed.']