DQU v University of New England [2020] NSWCATAD 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DQU v University of New England [2020] NSWCATAD 226 Hearing dates: 24 April 2019 and 24 January 2020 Date of orders: 11 September 2020 Decision date: 11 September 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the publication of the name of each applicant in these proceedings is prohibited. (2) Time within which the applicants are to bring this application is extended to 29 November 2018. (3) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the publication of the name of each applicant is prohibited. (4) Pursuant to s 55(2), the Tribunal decides not to take any action in this matter. Catchwords: ADMINISTRATIVE LAW – privacy – review of conduct of a public sector agency in collecting personal information from the applicants for the purpose of assessing whether a prospective overseas student will meet the Genuine Temporary Entrant (GTE) and financial requirements specified by the Australian Government for the issue of a student visa – whether the collection of this information for this purpose is a lawful purpose that is directly related to a function or activity of the University and the collection of that information is reasonably necessary for that purpose (s 8 of the Privacy and Personal Information Protection Act 1998) – whether the conduct of the public sector agency contravened the information protection principles in s 9, 10 and 11 of Privacy and Personal Information Protection Act 1998. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Education Services for Overseas Student Act 2000 (Cth) Migration Act 1958 (Cth) Migration Regulation 1994 (Cth) Privacy Act 1988 (Cth) Privacy and Personal Information Protection Act 1998 (NSW) University of New England Act 1993 (NSW) Cases Cited: ALZ v SafeWork NSW [2017] NSWCATAP 51 ALZ v WorkCover NSW [2015] NSWCATAP 138 CFZ v Department of Education [2015] NSWCATAD 231 DO v University of New South Wales [2003] NSWADTAP 9 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 KJ v Wentworth Area Heath Service [2004] NSWADT 84 KO v Commissioner of Police, New South Wales Police (GD) [2005] NSWADTAP 56 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 Texts Cited: None cited Category: Principal judgment Parties: DQU (First Applicant) DQV (Second Applicant) University of New England (Respondent) Representation: Solicitors: Second Applicant (Self Represented) Spark Helmore Lawyers (Respondent) C Emery (NSW Privacy Commissioner) File Number(s): 2018/00367583 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the publication of the name of each applicant in these proceedings is prohibited. Note: A reference to the name of the applicant includes a reference to any information, picture or other material that identifies the applicant or is likely to lead to the identification of the applicant.