GA v Department of Education and Training (No 2) [2005] NSWADT 119

GA v Department of Education and Training (No 2) [2005] NSWADT 119

GA had standing in relation to conduct concerning the investigation report, but much of the complained-of conduct concerning the Principal's collection and holding of information before the 23 October 2001 letter had already been reviewed and would not be reconsidered. The remaining alleged use, disclosure and collection during Ms Diamond's internal review was reasonably contemplated by the Privacy and Personal Information Protection Act 1998, so ss 9, 10, 13, 14, 15, 17, 18 and 19 did not apply. No breach of s 11, s 12(c) or s 16 was established, no reviewable breach was identified in relation to the investigation report, and the Department's Privacy Code of Practice provided further...

Jurisdiction
Australia
Judgment Date
02 June 2005
Procedural Posture
Application Under the Privacy and Personal Information Protection Act 1998 Concerning Alleged Breaches of Information Protection Principles / Principal Matter
Outcome
The Tribunal determines not to take any action on the matter.
Legal Topics
['information Protection Principles' 'collection of Personal Information' 'use and Disclosure of Personal Information' 'internal Review' 'res Judicata' 'issue Estoppel' 'standing']
['privacy Law' 'administrative Law'] ['information Protection Principles' 'collection of Personal Information' 'use and Disclosure of Personal Information' 'internal Review' 'res Judicata' 'issue Estoppel' 'standing']

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Procedural Posture

Application Under the Privacy and Personal Information Protection Act 1998 Concerning Alleged Breaches of Information Protection Principles / Principal Matter

Legal Issues

  1. 1 ['Whether GA had standing in relation to item 15 concerning a copy of a police investigation report.' "What conduct GA was complaining about in relation to Ms Diamond's interview notes." 'Whether res judicata or issue estoppel prevented the Tribunal from considering conduct already reviewed in earlier proceedings.' 'Whether any reviewable conduct breached the Information Protection Principles in the Privacy and Personal Information Protection Act 1998.' 'Whether non-compliance with Information Protection Principles was permitted, necessarily implied or reasonably contemplated under an Act or any other law.']

Ratio Decidendi

GA had standing in relation to conduct concerning the investigation report, but much of the complained-of conduct concerning the Principal's collection and holding of information before the 23 October 2001 letter had already been reviewed and would not be reconsidered. The remaining alleged use, disclosure and collection during Ms Diamond's internal review was reasonably contemplated by the Privacy and Personal Information Protection Act 1998, so ss 9, 10, 13, 14, 15, 17, 18 and 19 did not apply. No breach of s 11, s 12(c) or s 16 was established, no reviewable breach was identified in relation to the investigation report, and the Department's Privacy Code of Practice provided further...

Court Disposition

The Tribunal determines not to take any action on the matter.

Orders

  • ['The Tribunal determines not to take any action on the matter.']