FVR and FWA v Department of Education [2025] NSWCATAD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FVR and FWA v Department of Education [2025] NSWCATAD 43 Hearing dates: 7, 8 and 26 February 2024 Date of orders: 17 February 2025 Decision date: 17 February 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Principal Member Decision: (1) The decision under review is affirmed in accordance with s 63(3)(a) of the Administrative Decisions Review Act 1997 and the Tribunal decides to take no action under s 55(2) of the Privacy and Personal Information Protection Act 1998. (2) The application is otherwise dismissed. Catchwords: ADMINISTRATIVE LAW – privacy – health privacy principles – scope of review – determination of whether alleged conduct occurred – no onus proof – how question of fact to be determined Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: BYW v Commissioner of Police, NSW Police Force [2015] NSWCATAP 270 Department of Education and Training v GA (No 3) [2004] NSWADTAP 50 Department of Education and Training v ZR (No 2) (GD) [2009] NSWADTAP 44 KO v Commissioner of Police (NSW) [2005] NSWADTAP 56 KP v Narrandera Shire Council [2011] NSWADTAP 15 OD v Department of Education and Training [2005] NSWADTAP 74 Texts Cited: Nil Category: Principal judgment Parties: FVR & FVR (Applicants) Department of Education (Respondent) Representation: Applicants (Self-represented) Crown Solicitor's (Respondent) File Number(s): 2023/00315445 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the names of the applicants are not to be disclosed.