Kelloway v Registrar of Births Deaths and Marriages [2023] NSWCATAD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kelloway v Registrar of Births Deaths and Marriages [2023] NSWCATAD 34 Hearing dates: 14 October 2022 Date of orders: 14 February 2023 Decision date: 14 February 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) The decision of the respondent is set aside. (2) The proceedings are listed for Directions before Senior Member McAteer on a date within 28 days of the publication of these reasons, (or such later date as may be agreed by the Tribunal), by arrangement with the Divisional Registrar. Catchwords: ADMINISTRATIVE LAW - Privacy – Personal Information – disclosure – public register - whether Internal Review sought – whether jurisdiction of Tribunal enlivened – whether IPPs apply – where party runs a different case on review – conduct Legislation Cited: Administrative Decisions Review Act 1997 Births Deaths and Marriages Registration Act 1995 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Privacy and Personal Information Regulation 2019 Privacy Act 1988 (Cth) Cases Cited: AQK v Commissioner of Police, NSW Police Force [2014] NSWCATAD 55 CYL v YZA [2017] NSWCATAP 105 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 HealthShare NSW v CJU [2022] NSWCATAP 316 PC v University of NSW [2005] NSWADT 157 PN v Department of Education and Training [2010] NSWADTAP 59 Skase and Minister for Immigration and Multicultural and indigenous Affairs [2005] AATA 200 University of New South Wales v PC (GD) [2008] NSWADTAP 126 Texts Cited: None Cited Category: Principal judgment Parties: Sarah Kelloway (Applicant) Registrar of Births Deaths and Marriages (Respondent) Representation: Counsel: N/A