EFL v Secretary, Department of Education [2020] NSWCATAD 239

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EFL v Secretary, Department of Education [2020] NSWCATAD 239 Hearing dates: On the papers Date of orders: 29 October 2020 Decision date: 24 September 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member Decision: (1) The Tribunal determines to take no further action on the matter. (2) Under s 64(1) of the Civil and Administrative Tribunal Act 2013 the disclosure of the applicant's name or of material that identifies the applicant or is likely to lead to the applicant's identification is prohibited. (3) Under s 64(1) of the Civil and Administrative Tribunal Act 2013, the disclosure of the name of the school the subject of these proceedings is prohibited. Varied as follows on 29 October 2020 under Regulation 9 of the Civil and Administrative Tribunal Regulations 2013 (refer to the Addendum to these Reasons for Decision): (4) The Tribunal's decision on 24 September 2020 to take no further action on the matter is set aside. (5) The Tribunal dismisses the proceedings pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 for being misconceived or lacking in substance. Catchwords: ADMINISTRATIVE LAW — Freedom of information — Personal information Legislation Cited: Administrative Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy Act 1988 (Cth) Cases Cited: AFW v WorkCover Authority of New South Wales [2013] NSWADT 133 AIN v Medical Council of NSW [2016] NSWCATAD 5 CCB v Department of Education and Communities [2015] NSWCAT 145 CRP v Department of Family and Community Services [2017] NSWCATAD 164 CSW v The University of New South Wales [2018] NSWCATAD 12 CWI v The University of New South Wales [2018] NSWCATAD 12 CYL v YZA [2017] NSWCATAP 105 Department of Education and Training v MT (2006) 67 NSWLR 237 Department of Education and Training v PN [2006] NSWADTAP 66 DSN v NSW Department of Justice [2019] NSWCATAD 174 EG v Police Service (NSW) [2003] NSWADT 150 Jackson v The University of New South Wales [2018] NSWCATAD 12 KP v Narrandera Shire Council [2011] NSWADTAP 15 OD v Department of Education and Training (GD) [2005] NSWADTAP 74 Office of Finance and Services v APV and APW [2014] NSWCATAP 88 OS v Mid-Western Regional Council (No 3) [2011] NSWADT 230 OS v Mudgee Shire Council [2009] NSWADT 315 PN v Department of Education and Training [2009] NSWADT 287 Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4 WL v La Trobe University [2005] VCAT 2592 WL v Randwick City Council [2007] NSWADTAP 58 WL v Randwick City Council (No 2) [2010] NSWADT 84 Category: Procedural and other rulings Parties: EFL (Applicant) Secretary, Department of Education (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2020/00003994 Publication restriction: The disclosure of the name of the applicant and the name of the school involved is prohibited.