EJE v Department of Education [2023] NSWCATAD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJE v Department of Education [2023] NSWCATAD 132 Hearing dates: On the papers Date of orders: 31 May 2023 Decision date: 31 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: (1) A hearing of the respondent's Application for Miscellaneous Matters (summary dismissal) filed on 26 October 2022 is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The applicant's Application for Administrative Review is dismissed pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW). (3) The question of costs is reserved. (4) If the applicant wishes to make any further submission on the issue of costs, she must give that submission to the Tribunal and the agency by 9 June 2023. (5) The agency may make any further submission on the issue of costs, strictly limited to reply, by 16 June 2023. (6) The Tribunal proposes to dispense with a hearing on the issue of costs pursuant to s 55(2) of the Civil and Administrative Tribunal Act 2013 (NSW). If either party contends a hearing is required, they are to set out their reasons in their submissions. Catchwords: ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 – administrative review of a reviewable decision – application for summary dismissal Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 6, 7, 9, 55, 58 Civil and Administrative Tribunal Act 2013 (NSW), ss 28, 30, 39, 50, 55, 59, 64 Civil and Administrative Tribunal Rules 2014 (NSW), r 24 Privacy and Personal Information Protection Act 1998 (NSW), ss 15, 52, 53, 55 Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 BQ v Commissioner of Police, New South Wales Police Service [2002] NSWADT 64 CCM v Western Sydney University [2019] NSWCATAP 103 Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256 General Steel Industry v Commissioner for Railways (1964) 112 CLR 125 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Y v Director-General, Department of Education & Training [2001] NSWADT 149 Texts Cited: Nil Category: Principal judgment Parties: EJE (Applicant) Department of Education (Respondent) Representation: EJE (Self-represented)