FVR and FWA v Department of Education [2025] NSWCATAD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FVR and FWA v Department of Education [2025] NSWCATAD 50 Hearing dates: 11 November 2024 Date of orders: 25 February 2025 Decision date: 25 February 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: EA MacIntyre, Senior Member Decision: (1) The decision under review is affirmed and the Tribunal decides to take no action under s 55(2) of the Privacy and Personal Information Protection Act 1998. (2) Pursuant to s 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the names of either Applicant or reference to any information, picture or other material that identifies any Applicant or is likely to lead to the identification of any Applicant is prohibited. Catchwords: ADMINISTRATIVE LAW - privacy - information protection principles - health information - jurisdiction - civil proceedings - "use" of information - "disclosure" of information - information already known - communication of information within agency ADMINISTRATIVE LAW - reviewable decision - conduct - correct and preferable decision - Civil and Administrative Tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: CEU v University of Technology Sydney [2017] NSWCATAD 79 Director General, Department of Education and Training v MT [2006] NSWCA 270 JD v Departments of Health (GD) [2005] NSWADTAP 44 Nakhl Nasr v State of New South Wales; George Nasr v State of New South Wales [2007] NSWCA 101 Texts Cited: Nil Category: Principal judgment Parties: FVR and FWA (Applicants) Department of Education (Respondent) Representation: First Applicant (Self-Represented) Second Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2024/00227361 Publication restriction: Pursuant to s 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the names of either Applicant or reference to any information, picture or other material that identifies any Applicant or is likely to lead to the identification of ant Applicant is prohibited.