QE and anor v Macquarie University [2008] NSWADT 144

QE and anor v Macquarie University [2008] NSWADT 144

The applicants did not prove that QF's information was obtained from University files or disclosed by conduct for which Macquarie University was responsible; competing inferences remained available and the Tribunal could not speculate. Ms O'Brien's disclosure that QF had made a privacy complaint was a reasonable step in the statutory review process and was permitted or consented to for the purposes of investigating the complaint. The University had reasonable safeguards in place and the evidence did not justify ordering further measures. QF's academic records accurately recorded the outcomes actually awarded, so they were not to be amended, although section 15 may permit a statement to be...

Jurisdiction
Australia
Judgment Date
26 May 2008
Procedural Posture
Privacy and Personal Information Protection Act 1998 Proceedings; Principal Matter / Decision on Review in the NSW Administrative Decisions Tribunal, General Division
Outcome
In proceeding 053179, the decision under review was set aside in part concerning the section 15 application and a substituted determination was made that the recorded grades or outcomes remain unchanged; otherwise the decisions under review were affirmed, the review time was held reasonable, and no costs order was...
Legal Topics
['information Protection Principles' 'personal Information' 'unauthorised Disclosure' 'adequate Safeguards' 'amendment of Records' 'internal Review Delay' 'costs in Tribunal Proceedings']
['privacy Law' 'administrative Law' 'costs'] ['information Protection Principles' 'personal Information' 'unauthorised Disclosure' 'adequate Safeguards' 'amendment of Records' 'internal Review Delay' 'costs in Tribunal Proceedings']

Case Brief

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Procedural Posture

Privacy and Personal Information Protection Act 1998 Proceedings; Principal Matter / Decision on Review in the NSW Administrative Decisions Tribunal, General Division

Legal Issues

  1. 1 ["Whether personal information concerning QF was obtained from Macquarie University records and disclosed to a third party's solicitors in breach of the Privacy and Personal Information Protection Act 1998." "Whether Ms O'Brien's disclosure to Mr Long that QF had lodged a privacy complaint was a breach of privacy." 'Whether Macquarie University had adequate safeguards in place to protect personal information from unauthorised access, use and disclosure.' "Whether QF's academic records should be amended under section 15 of the Privacy and Personal Information Protection Act 1998." 'Whether the time taken by the respondent to determine the internal review was reasonable.' "Whether costs should be awarded against the applicants for QF's non-attendance for cross-examination on 14 June 2007."]

Ratio Decidendi

The applicants did not prove that QF's information was obtained from University files or disclosed by conduct for which Macquarie University was responsible; competing inferences remained available and the Tribunal could not speculate. Ms O'Brien's disclosure that QF had made a privacy complaint was a reasonable step in the statutory review process and was permitted or consented to for the purposes of investigating the complaint. The University had reasonable safeguards in place and the evidence did not justify ordering further measures. QF's academic records accurately recorded the outcomes actually awarded, so they were not to be amended, although section 15 may permit a statement to be...

Court Disposition

In proceeding 053179, the decision under review was set aside in part concerning the section 15 application and a substituted determination was made that the recorded grades or outcomes remain unchanged; otherwise the decisions under review were affirmed, the review time was held reasonable, and no costs order was...

Orders

  • ['In relation to proceedings 053179 (QF v Macquarie University): The decision under review is set aside insofar as it considers the application made pursuant to section 15 of the Privacy and Personal Information Protection Act 1998 and a determination that the recorded grades or outcomes for courses EDUC 106, TEP...