RD v Department of Education and Training [2005] NSWADT 195

CITATION: RD v Department of Education and Training [2005] NSWADT 195 DIVISION: General Division APPLICANT PARTIES: RD RESPONDENT Department of Education and Training FILE NUMBER: 053017 HEARING DATES: 14/06/2005 SUBMISSIONS CLOSED: 06/14/2005 DATE OF DECISION: 08/19/2005

BEFORE: O'Connor K - DCJ (President) APPLICATION: Privacy - information protection principle - accuracy MATTER FOR DECISION: Principal matter LEGISLATION CITED : Privacy & Personal Information Protection Act 1998 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT Dr A Bendall, Manager, Freedom of Information and Privacy, Department of Education and Training ORDERS: The Tribunal orders the Respondent to take the following action:; 1. The head of Department (the Director General) render a written apology to the applicant for the breach, and advise him of the steps to be taken by the Department to minimise the possibility of a similar breach in future; 2. Pay damages of $2000 to the applicant; 3. The Occupational Health and Safety Unit implement the following administrative procedures in connection with correspondence to officers who are referred to attend for HealthQuest or similar medical examinations, any variation of these procedures only to occur if approved by the Office of Privacy Commissioner: ; (a) verify addresses from the file rather than relying on individual documents; (b) mark envelopes 'Confidential'; and; (c) use registered mail, except where the addressee has given a specific authorisation orally or in writing allowing the mail to be sent through the ordinary mail.