EJE v Department of Communities and Justice [2021] NSWCATAD 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJE v Department of Communities and Justice [2021] NSWCATAD 96 Hearing dates: On the papers Date of orders: 21 April 2021 Decision date: 21 April 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) The Applicant's application in respect of the allegation that the Respondent allowed another individual to falsely use the Applicant's identity before the Port Macquarie Local Court and Wauchope Local Court is dismissed pursuant to s55(1)(b) CAT Act for being misconceived or lacking in substance (for want of jurisdiction) by the operation of s6 of the PPIP Act. (2) As regards the Applicant's application regarding the Respondent holding inaccurate personal information of the Applicant, pursuant to section 55(2) of the Privacy and Personal Information Protection Act 1998, no further action is to be taken. Catchwords: ADMINISTRATIVE LAW – privacy – alleged misuse of and holding of inaccurate personal and health information - HPP 9 – s6 PPIP Act and judicial functions – absence of evidence of holding the relevant information and breaches Legislation Cited: Administrative Decisions Review Act 1997 Administrative Decisions Tribunal Act 1997 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 State Records Act 1998 Cases Cited: AEC v Commissioner of Police (NSW) [2013] NSWADTAP 30 Alchin v Rail Corporation NSW [2012] NSWADT 142 ALZ v WorkCover NSW [2015] NSWCATAP 138 BCR v Consumer, Trader & Tenancy Tribunal [2014] NSWCATAD 79 CEU v University of Technology Sydney [2018] NSWCATAD 13 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 Department of Education and Training v ZR (No 2) [2009] NSWADTAP 44 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 DSG v Department of Education [2019] NSWCATAD 182 DTN v Commissioner of Police [2020] NSWCATAP 73 Housing NSW v Hamilton [2015] NSWCATAP 136 JD v Department of Health (GD) [2005] NSWADTAP 44 JD v Director General, NSW Department of Health (No 2) [2004] NSWADT 227 LG v Attorney Generals Department of NSW [2009] NSWADT 141 Long v Metroni Pty Ltd [2019] NSWCATAP 196 New South Wales Crime Commission v Ollis [2006] NSWCA 76 Payne v Haski [2018] NSWCATAD 115 PN v Department of Education and Training [2010] NSWADTAP 59 Saisanavong v Commissioner of Police [2020] NSWCATAD 332 Skiba v Department of Communities and Justice [2020] NSWCATAD 199 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Vice-Chancellor Macquarie University v FM (No 2) [2004] NSWADTAP 37 Category: Principal judgment Parties: EJE (Applicant) Department of Communities and Justice (Respondent) Representation: Applicant (Self-Represented) Respondent (Self-Represented) File Number(s): 2020/00168164 Publication restriction: An order is made under section 64(1) of the Civil and Administrative Tribunal Act 2013 prohibiting the disclosure of the name of the Applicant.