Kelly v University of New South Wales [2024] NSWCATAD 240

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kelly v University of New South Wales [2024] NSWCATAD 240 Hearing dates: 18 June 2024 Date of orders: 14 August 2024 Decision date: 14 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Sullivan, Senior Member Decision: (1) The decision of the Respondent dated 8 December 2022 (Deletion Decision) is affirmed subject to the variations and additions in the following Orders. (2) The saved filed name of the Incident Report in the Respondent's electronic records is to be amended to remove the words "Criminal Assault". (3) In respect of emails sent or received by the Respondent that contain references to "Criminal Assault" (e.g. where the Incident Report is attached), the Respondent must: (i) make copies of the emails and redact the words "Criminal Assault" on those copies; (ii) save those copies of the emails as redacted; and (iii) then delete those original emails. (4) Paragraph 40 of the Deletion Decision is varied to remove subparagraphs 40(c)(ii) and 40(c)(iii). (5) The matter is remitted to the Respondent to give effect to these Orders as soon as reasonably practicable. Catchwords: ADMINISTRATIVE LAW — Personal Information — Request for deletion of records — Privacy and Personal Information Protection Act 1998 (NSW) ss 15, 16 and 17 Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Sex Discrimination Act 1994 (Cth) State Records Act 1998 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: BMY v Department of Family and Community Services [2016] NSWCATAD 24 BXK v Western Sydney University [2016] NSWCATAD 235 CCM v Western Sydney University [2016] NSWCATAD 234 Collins v Department of Fair Trading [2019] NSWCATAP 199 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 Evans v Chief Commissioner of State Revenue [2022] NSWCATAD 307 GA v The University of Sydney GD [2010] NSWADTAP 31 JD v Director General, NSW Department of Health [2004] NSWADT 7 Kelly v University of New South Wales [2023] NSWCATAD 262 KP v Narrandera Shire Council (GD) [2011] NSWADTAP 15 Meacham v Commissioner of Police [2020] NSWCATAP 107 VZ v University of Newcastle (No 2) [2012] NSWADT 167 Texts Cited: Nil Category: Principal judgment Parties: Milton Kelly (Applicant) University of New South Wales (Respondent) Representation: Solicitors: Applicant (Self-represented) Bartier Perry Solicitors (Respondent) File Number(s): 2023/00216033 Publication restriction: None