OD v Department of Education & Communities [2013] NSWADT 136

OD v Department of Education & Communities [2013] NSWADT 136

The information in the memo fell within the exception under s 4(3)(j) of the Privacy Act as information about suitability for employment, and thus was not 'personal information' regulated by the Act. Therefore, the Tribunal had no jurisdiction to review the conduct complained of.

Parties
Applicant: OD; Respondent: Department of Education & Communities
Jurisdiction
Australia
Judgment Date
13 June 2013
Procedural Posture
Application for Review Under the Privacy and Personal Information Protection Act 1998 / Merits Determination—decision on the Papers
Outcome
Application dismissed—Tribunal lacked jurisdiction.
Legal Topics
Personal Information, Jurisdiction of Tribunal, Exception—suitability for Employment, Collection, Use, Disclosure of Personal Information
Administrative Law Privacy Law Personal Information Jurisdiction of Tribunal Exception—suitability for Employment Collection, Use, Disclosure of Personal Information

Case Brief

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Parties

OD

Applicant

Department of Education & Communities

Respondent

Procedural Posture

Application for Review Under the Privacy and Personal Information Protection Act 1998 / Merits Determination—decision on the Papers

Legal Issues

  1. 1 Whether information about applicant's results constitutes 'personal information' under the Privacy and Personal Information Protection Act 1998
  2. 2 Whether exception for information or opinion about suitability for appointment or employment as public sector official applies
  3. 3 Whether Tribunal has jurisdiction to review respondent's conduct in respect of the memo

Ratio Decidendi

The information in the memo fell within the exception under s 4(3)(j) of the Privacy Act as information about suitability for employment, and thus was not 'personal information' regulated by the Act. Therefore, the Tribunal had no jurisdiction to review the conduct complained of.

Court Disposition

Application dismissed—Tribunal lacked jurisdiction.

Orders

  • The Tribunal decides not to take any further action on the matter.