OD v Department of Education and Training [2005] NSWADT 161

OD v Department of Education and Training [2005] NSWADT 161

Information concerning OD's qualifications is information about his suitability for appointment or employment as a public sector official and is therefore excluded from the definition of 'personal information' under s4(3)(j) of the Act; as such, the Tribunal has no jurisdiction to review the Department's conduct...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 July 2005
Procedural Posture
Jurisdiction Privacy Information Protection Principle Contravention / Decision on Jurisdiction and Merits
Outcome
Application dismissed for lack of jurisdiction.
Legal Topics
['personal Information' 'information Protection Principles' 'definition of Personal Information' 'public Sector Employment']
['administrative Law' 'privacy Law'] ['personal Information' 'information Protection Principles' 'definition of Personal Information' 'public Sector Employment']

Source-derived case record

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Procedural Posture

Jurisdiction Privacy Information Protection Principle Contravention / Decision on Jurisdiction and Merits

Legal Issues

  1. 1 ["Whether information about OD's qualifications is 'personal information' under the Privacy and Personal Information Protection Act 1998" 'Whether the Tribunal has jurisdiction where the information is excluded from the statutory definition of personal information']

Ratio Decidendi

Information concerning OD's qualifications is information about his suitability for appointment or employment as a public sector official and is therefore excluded from the definition of 'personal information' under s4(3)(j) of the Act; as such, the Tribunal has no jurisdiction to review the Department's conduct relating to this information.

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • ["The information that is the subject of the application is not 'personal information' for the purposes of the Act." 'Accordingly the Tribunal has no jurisdiction to make the orders sought.']