FJX v TAFE NSW [2023] NSWCATAD 215

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FJX v TAFE NSW [2023] NSWCATAD 215 Hearing dates: 24 January 2023, 7 March 2023 Date of orders: 09 August 2023 Decision date: 09 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: R J Perrignon, Senior Member Decision: (1 ) The opinion as to work capacity contained in the certificate of capacity did not constitute 'personal information' when a copy of the certificate was supplied to the respondent's team leader on 21 August 2018. (2) The respondent's team leader used personal information in the certificate between July and October 2019 contrary to section 17 of the Privacy and Personal Information Protection Act 1998, by taking it into account when selecting a candidate for appointment to the role of acting head teacher. (3) The team leader's manager did not authorise that use, and did not participate in any breach of section 17, by expressing an opinion on 15 December 2021. Catchwords: ADMINISTRATIVE LAW – privacy – whether workers compensation certificate of capacity for work is 'personal information' - whether respondent's team leader used workers compensation certificate of capacity to determine applicant's suitability for employment as acting head teacher - whether breach of information privacy principle or health privacy principle – whether respondent authorised such breach Legislation Cited: Privacy and Personal Information Protection Act 1998 Cases Cited: AF v Minister for Health; Minister for Health v AF [2012] NSWADTAP 1 CYL v YZA [2016] NSWCATAD 314 DPD v Far West Local Health District [2020] NSWCATAD 141 Y v Director General, Department of Education & Training [2001] NSWADT 149 Texts Cited: None Category: Principal judgment Parties: FJX v TAFE NSW Representation: Counsel: (Self Represented) Applicant R Lee (Respondent) V Taylor (Privacy Commissioner)