EHW v Secretary, Department of of Education [2021] NSWCATAD 225

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EHW v Secretary, Department of of Education [2021] NSWCATAD 225 Hearing dates: 15 June 2021 Date of orders: 02 August 2021 Decision date: 02 August 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) The respondent's applications for summary dismissal of the administrative review application are refused. (2) No order for costs with respect to the applications for summary dismissal. (3) The Tribunal determines to take no further action with respect to the administrative review application in accordance with section 55(2) of the Privacy and Personal Information Protection Act 1998. Catchwords: PROCEDURE – applications for summary dismissal under s 55(1)(b) and (d) of the Civil and Administrative Tribunal 2013 – applications refused. ADMINISTRATIVE LAW – administrative review of conduct under the Privacy and Personal Information Protection Act 1998 – breach of disclosure principle – no evidence of compensable loss suffered by applicant. Legislation Cited: Civil and Administrative Tribunal 2013 Privacy and Personal Information Protection Act 1998 Cases Cited: CEU v University of Technology, Sydney [2018] NSWCATAD 185 Choi v University of Technology Sydney [2019] NSWCATAD 176 Choi v University of Technology Sydney (No 2) [2020] NSWCA 342 CPJ v University of Newcastle [207] NSWADT 350 Department of Education and Training v GA (No.3) [2004] NSWADTAP 50 Minister for Natural Resources v New South Wales Aboriginal Land Council (1987) 9 NSWLR 154 Miriani v Transport for NSW [2021] NSWCATAD 16 Murabito v Commissioner for Fair Trading [2020] NSWCATAP 63 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Texts Cited: None Category: Principal judgment Parties: EHW – Applicant Secretary, Agency of Education – Respondent Representation: Applicant – Mr Bill Hoyles – guardian ad litem Respondent – Crown Solicitor's Office File Number(s): 2020/0136479 Publication restriction: Order made on 21 July 2020 under section 64(1)(a) of the Civil and Administrative Tribunal 2013 prohibiting the publication or broadcast of the applicant's name.