GA v Department of Education and Training & NSW Police (No 2) [2005] NSWADT 10

GA v Department of Education and Training & NSW Police (No 2) [2005] NSWADT 10

The Tribunal has no jurisdiction to consider alleged contraventions described as 'Transaction Two' in relation to both respondents, as the internal review applications did not relate to the applicant's personal information on their face. The applicant cannot expand his standing to include issues relating to others. The Tribunal will proceed only with the 'Point 4' issue from Transaction Three, as remitted by the Appeal Panel, based on existing evidence.

Jurisdiction
Australia
Judgment Date
20 January 2005
Procedural Posture
Privacy Review of Conduct / Interlocutory Decision on Jurisdiction and Scope
Outcome
Jurisdiction declined for Transaction Two; Point 4 issue to be determined at further hearing.
Legal Topics
['internal Review Under Privacy & Personal Information Protection Act 1998' 'information Protection Principles' 'jurisdiction of the Tribunal' 'standing of Applicant']
['privacy Law' 'administrative Law'] ['internal Review Under Privacy & Personal Information Protection Act 1998' 'information Protection Principles' 'jurisdiction of the Tribunal' 'standing of Applicant']

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Procedural Posture

Privacy Review of Conduct / Interlocutory Decision on Jurisdiction and Scope

Legal Issues

  1. 1 ["Does the Tribunal have jurisdiction to review 'Transaction Two' in relation to the first and second respondents?" 'Is the applicant entitled to agitate matters not concerning his personal information?' "Should the Tribunal proceed to determine the 'Point 4' issue remitted by the Appeal Panel?"]

Ratio Decidendi

The Tribunal has no jurisdiction to consider alleged contraventions described as 'Transaction Two' in relation to both respondents, as the internal review applications did not relate to the applicant's personal information on their face. The applicant cannot expand his standing to include issues relating to others. The Tribunal will proceed only with the 'Point 4' issue from Transaction Three, as remitted by the Appeal Panel, based on existing evidence.

Court Disposition

Jurisdiction declined for Transaction Two; Point 4 issue to be determined at further hearing.

Orders

  • ["The Tribunal does not have jurisdiction in this case to review conduct or alleged contraventions relating to that which is described in these reasons as 'Transaction Two' in respect of the first and second respondents." "The Tribunal will go on to determine at a hearing what arises, if anything, from Point 4 of...