MH v NSW Maritime No 2 [2011] NSWADT 285

MH v NSW Maritime No 2 [2011] NSWADT 285

The Tribunal’s jurisdiction on external review is constrained to consider conduct complained of in the internal review request, reasonably construed; here, whether disclosure of MH’s affidavit to the workers compensation insurer breached s 12(c) and s 18 of the PPIP Act.

Parties
Applicant: MH; Respondent: NSW Maritime
Jurisdiction
Australia
Judgment Date
06 December 2011
Procedural Posture
External Review Application Under Privacy and Personal Information Protection Act 1998 / Jurisdictional Determination and Procedural Orders
Outcome
Jurisdictional scope determined; procedural orders made.
Legal Topics
Scope of Internal Review, Information Protection Principles, Disclosure of Personal Information
Privacy Law Scope of Internal Review Information Protection Principles Disclosure of Personal Information

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Parties

MH

Applicant

NSW Maritime

Respondent

Procedural Posture

External Review Application Under Privacy and Personal Information Protection Act 1998 / Jurisdictional Determination and Procedural Orders

Legal Issues

  1. 1 What is the scope of the Tribunal’s jurisdiction on external review under the PPIP Act based on the applicant’s internal review request?
  2. 2 Whether the internal review request covered breaches of s 12(c) and s 18 of the PPIP Act

Ratio Decidendi

The Tribunal’s jurisdiction on external review is constrained to consider conduct complained of in the internal review request, reasonably construed; here, whether disclosure of MH’s affidavit to the workers compensation insurer breached s 12(c) and s 18 of the PPIP Act.

Court Disposition

Jurisdictional scope determined; procedural orders made.

Orders

  • Applicant to file and serve materials by 23 December 2011.
  • Respondent to file and serve materials by 13 February 2012.