GA v Department of Education and Training [2005] NSWADT 47

GA v Department of Education and Training [2005] NSWADT 47

GA is only 'aggrieved' in respect of conduct in Ms Diamond's report that relates directly to him—being comments numbered 3, 8, 9, 10, 11, 12, 13 and 14; he does not have standing for items not referring to him personally. The Tribunal has jurisdiction regarding these items but not others; his standing for item 15...

Source-derived case information.

Parties
Applicant: GA; Respondent: Department of Education and Training
Jurisdiction
Australia
Judgment Date
04 March 2005
Procedural Posture
Jurisdiction/preliminary / Preliminary Matter
Outcome
Partial standing confirmed; preliminary jurisdiction found.
Legal Topics
Standing, Jurisdiction, Personal Information, Information Privacy Principles
Privacy Law Administrative Law Standing Jurisdiction Personal Information Information Privacy Principles

Source-derived case record

Summary, issues, holding and outcome

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Parties

GA

Applicant

Department of Education and Training

Respondent

Procedural Posture

Jurisdiction/preliminary / Preliminary Matter

Legal Issues

  1. 1 What is the conduct GA is asking to be reviewed?
  2. 2 Is GA a person aggrieved by the conduct of the Department?
  3. 3 Has the Tribunal already dealt with the conduct that GA has asked to be reviewed?

Ratio Decidendi

GA is only 'aggrieved' in respect of conduct in Ms Diamond's report that relates directly to him—being comments numbered 3, 8, 9, 10, 11, 12, 13 and 14; he does not have standing for items not referring to him personally. The Tribunal has jurisdiction regarding these items but not others; his standing for item 15 depends on further evidence.

Court Disposition

Partial standing confirmed; preliminary jurisdiction found.

Orders

  • The Tribunal has jurisdiction to deal with conduct referable to eight comments recorded by Ms Diamond in her report dated 16 August 2002, namely the items numbered 3, 8, 9, 10, 11, 12, 13 and 14.
  • GA does not have standing in relation to items 1, 2, 4, 5, 6 and 7.