GKT v Fire and Rescue New South Wales [2024] NSWCATAD 335

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GKT v Fire and Rescue New South Wales [2024] NSWCATAD 335 Hearing dates: 14 October 2024 Date of orders: 11 November 2024 Decision date: 11 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: EA MacIntyre, Senior Member Decision: (1) That the Respondent pay the Applicant $8,000 by way of financial compensation for the contraventions found. (2) Pursuant to s 55(2) of the Privacy and Personal Information Protection Act 1998 (NSW) no further action to be taken in this matter. (3) Pursuant to s 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the name of the Applicant or reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant is prohibited. Catchwords: ADMINISTRATIVE LAW - privacy - personal information - retention and security - security safeguards as are reasonable - use of personal information - disclosure of personal information – damages ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: ALZ v WorkCover NSW (No 2) [2014] NSWCATAD 122 AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179 BE v University of Technology, Sydney [2008] NSWADT 139 BFP v NSW Ambulance Service [2015] NSWCATAD 39 BLW v Nepean Blue Mountains Local Health District [2015] NSWCATAD 184 CJU v SafeWork NSW [2018] NSWCATAD 300 CNC v NSW Police Force [2017] NSWCATAD 94 CYH v Family and Community Services [2018] NSWCATAD 84 Director General, Department of Education and Training v MT [2006] NSWCA 270 DKV v Southern NSW Local Health District (No 2) [2019] NSWCATAD 243 DRX v City of Canada Bay Council [2020] NSWCATAD 26 DTN v Commissioner of Police, NSW Police Force [2020] NSWCATAD 16 DVG v Western Sydney Local Health District [2020] NSWCATAP 78 FH v Commissioner, NSW Department of Corrective Services [2003] NSWADT 72 JD v Department of Health (GD) [2005] NSWADTAP 44 NK v Northern Sydney Central Coast Area Health Service (No.2) [2011] NSWADT 81 NS v Commissioner, Department of Corrective Services [2004] NSWADT 263 Wojciechowska v Secretary, Department of Communities and Justice; Wojciechowska v Registrar, Civil and Administrative Tribunal [2023] NSWCA 191 Texts Cited: Nil Category: Principal judgment Parties: GKT (Applicant) Fire and Rescue New South Wales (Respondent) Representation: Applicant (Self represented) Respondent: (Crown Solicitor) File Number(s): 2024/00238248 Publication restriction: Pursuant to s 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the name of the Applicant or reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant is prohibited.