QE and anor v Macquarie University [2008] NSWADT 144

CITATION: QE and anor v Macquarie University [2008] NSWADT 144

DIVISION: General Division

APPLICANT QE

RESPONDENT Macquarie University PARTIES: APPLICANT QF

RESPONDENT Macquarie University

FILE NUMBER: 053178, 053179

HEARING DATES: 23-24 April 2007, 14 June 2007, 24 August 2007, 1 November 2007

SUBMISSIONS CLOSED: 19 December 2007

DATE OF DECISION: 26 May 2008

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Privacy - information protection principle - personal information - adequate safeguards in place - whether records should be amended - costs

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Privacy and Personal Information Protection Act 1998

Director-General, Department of Education and Training v MT (2006) 67 NSWLR 237 CASES CITED: Gizah Pty Ltd v AXA Trustees Ltd (No. 2) [2007] NSWADT 164 NS v Commissioner Corrective Services [2004] NSWADT 263

APPLICANTS In person REPRESENTATION: RESPONDENT M Allars, barrister

In relation to proceedings 053179 (QF v Macquarie University):1.The decision under review is set aside insofar as it considers the application made pursuant to section 15 of the Privacy and Personal Information Protection Act 1998 and a determination that the recorded grades or outcomes for courses EDUC 106, TEP 312 and TEP 333 remain as shown in those records is substituted therefore 2. The parties are granted liberty to apply for further directions, should they so wish, in relation to any request that is alleged pursuant to section 15 of the Act to attach a statement to information held by the respondent concerning any of these three courses, such liberty to expire 14 days after receipt of a copy of these reasons for decision. ORDERS: In relation to both proceedings: 3. Otherwise the decision under review is affirmed for the reasons given herein 4. The time taken by the respondent to determine the review was reasonable in the circumstances for the reasons given herein 5. No order is made as to the costs of the proceedings.