EJX v University of Newcastle (No 2) [2022] NSWCATAD 300

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJX v University of Newcastle (No 2) [2022] NSWCATAD 300 Hearing dates: 3 August 2022 and on the papers. Date of orders: 12 September 2022 Decision date: 12 September 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) Pursuant to s 59 of the Administrative Decisions Review Act 1997 (NSW) copies of the 34 documents identified as the respondent's Confidential Material (which were the subject of the respondent's application dated 13 April 2022) are not required to be filed with the Tribunal. (2)The matter is to be listed by the Registrar for Directions before the Tribunal at a date at least 28 days from the publication of these reasons. Catchwords: ADMINISTRATIVE LAW – Administrative Review - Privacy – Personal Information – s 59 ADR Act - whether respondent exempt from filing documents – whether documents relevant to decision under review – review of conduct – documents post date conduct subject of review – whether documents relevant to substantive proceedings and as a result whether they should be captured by s 58 Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Privacy and Personal Information Protection Act 1998 Privacy and Personal Information Regulation 2019 Cases Cited: Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 Texts Cited: PPIPA in Practice (Salinger Privacy) Ed 16.2 Category: Procedural rulings Parties: EJX– Applicant The University of Newcastle - Respondent Representation: Solicitors: Applicant (Self Represented) Hicksons Lawyers (Respondent) File Number(s): 2021/00219950 Publication restriction: Section 64 (1) of the Civil and Administrative Tribunal Act 2013 prohibiting or restricting the disclosure of the name of the applicant.